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High Court Quashes Trial Court Order Rejecting Secondary Evidence Application in Specific Performance Suit. Trial Court Directed to Permit Plaintiffs to Lead Evidence of Lost Agreement to Sell Upon Establishing Foundational Facts Under Section 65 of the Indian Evidence Act, 1872.

This writ petition under Article 227 of the Constitution of India was filed by the original plaintiffs against an order of the trial court rejecting t...

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Bombay High Court Allows Appeal Against Section 9 Order Due to Insufficiently Stamped MOU. Application Under Section 9 of Arbitration and Conciliation Act, 1996 Held Not Maintainable as Underlying Agreement Was Insufficiently Stamped Under Section 35 of Bombay Stamp Act, 1958.

The appeal arose from an order dated 30 August 2013 passed by the learned Principal District Judge, Thane, allowing an application filed by the respon...

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Supreme Court Allows Accused's Appeal for Cloned Copy of Memory Card in Rape Case — Right to Fair Trial Prevails Over Victim's Privacy. Electronic Record Held to be 'Document' Under Evidence Act and IPC, Entitling Accused to Copy Under Section 207 CrPC.

The appellant, P. Gopalkrishnan @ Dileep, was arrayed as accused No. 8 in a case registered under various sections of the Indian Penal Code, 1860 and ...

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Bombay High Court Allows Arbitration Petition Under Section 11(6) of Arbitration and Conciliation Act, 1996 Despite Unstamped MOU. Stamp Objection Is for Arbitral Tribunal to Decide, Not a Bar to Appointment of Arbitrator.

The applicants, Nilesh Shantilal Tank and Praful Shantilal Tank, filed an arbitration petition under Section 11(6) of the Arbitration and Conciliation...

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Bombay High Court Dismisses Second Appeals in Property Dispute Over Gadhi and Pit — Construction of Document Exh.76 as Sale Deed Upheld. Both suits for declaration of ownership and injunction dismissed as plaintiffs failed to prove title and possession.

The case involves two second appeals arising from two regular civil suits concerning a common property, a gadhi (ancestral property) and a pit, locate...

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High Court of Karnataka Dismisses Revision Petition in Ejectment Suit — Upholds Trial Court's Order Allowing Production of Mortgage Deed. Defendant's Application for Production of Mortgage Deed Under Order 8 Rule 1-A CPC Allowed as Document Was Relevant and Not Previously Available.

The plaintiff filed a suit for ejectment against the defendant seeking possession of the plaint schedule premises. The suit was at the stage of trial....