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High Court of Karnataka Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Readiness and Willingness Upheld. Agreement to Sell dated 28.05.2012 for Rs.2,89,000/- with Rs.2,00,000/- Earnest Money Enforced as Plaintiff Proved Continuous Readiness and Willingness.

The plaintiff-respondent filed a suit for specific performance of an agreement to sell dated 28.05.2012, whereby the defendants-appellants agreed to s...

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Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Restores Arbitral Award in Land Sale Dispute. Court Holds That Section 34 Petition Cannot Be Used to Reappreciate Evidence and That Award Was Not Perverse.

The case involves an arbitration appeal under Section 37 of the Arbitration and Conciliation Act, 1996, challenging the judgment of the Principal Dist...

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Bombay High Court Dismisses Petition Challenging Rejection of Plaint Rejection Application Under Order VII Rule 11 CPC. Court holds that valuation for court fees and jurisdiction is a mixed question of law and fact not to be decided at preliminary stage.

The petitioner, M/s Prism Reality, filed a writ petition under Article 227 of the Constitution challenging the order dated 30.07.2014 passed by the le...

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High Court of Bombay at Goa Dismisses Writ Petition Challenging Tenancy Declarations and Sale of Agricultural Properties Due to Delay and Laches. Challenge to orders from 1988-1996 under Goa Tenancy Act fails as petition filed in 2013 is grossly delayed without explanation.

The petitioner, Rashid Salvador Sousa, filed a writ petition in April 2013 under Articles 226 and 227 of the Constitution before the High Court of Bom...

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Bombay High Court Allows Petition of Market Committee Member Against Disqualification for Resigning as Gram Panchayat Member. Resignation from Gram Panchayat Does Not Disqualify Under Section 13(1)(a)(ii) of Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963.

The petitioner, Purshottam Tonpe, was elected as a member of Gram Panchayat, Mahakal. Subsequently, he contested and won election to the Agriculture P...

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Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Court holds that no substantial question of law arises when findings are based on appreciation of evidence and not perverse.

The case involves a second appeal filed by the original defendants (appellants) against the judgment and decree of the District Judge, Satara, which c...

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Bombay High Court Dismisses Appeal in Specific Performance Suit — Plaintiff Failed to Prove Readiness and Willingness. Agreement for Sale of Agricultural Land Not Enforceable as Plaintiff Did Not Demonstrate Financial Capacity and Conduct Showed Lack of Readiness.

The appellant, Jayantilal Devji Shah, filed a suit for specific performance of an agreement for sale of agricultural land against the respondents. The...