Search Results for "collusive transfer"

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Supreme Court Reinstates Criminal Proceedings in Land Fraud Case Under IPC and CrPC. High Court's quashing of FIR set aside as allegations of fraud, forgery, and cheating disclosed cognizable offences requiring investigation, irrespective of civil remedies under Specific Relief Act, 1963.

The Supreme Court heard connected criminal appeals arising from special leave petitions challenging a common judgment of the Karnataka High Court that...

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Supreme Court Allows Appeal in Specific Performance Suit, Restores Trial Court's Decree for Money Recovery Instead of Specific Performance. The High Court erred in granting specific performance as the transaction was found to be a loan with collateral security under the Specific Relief Act, 1963.

The Supreme Court allowed the appeal by the subsequent purchasers (appellants) against the High Court's decree granting specific performance of an agr...

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Karnataka High Court Dismisses Habeas Corpus Petition for Missing Female Baby — No Illegal Detention Established. Court holds that habeas corpus is not maintainable when the alleged detenu is not in custody of respondents and the petitioner fails to prove illegal detention.

The petitioner, Smt. Shankramma Poojari, a fruit vendor, filed a habeas corpus petition under Articles 226 and 227 of the Constitution of India before...

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High Court of Karnataka Allows Impleadment of Subsequent Purchaser in Partition Suit Appeal — Order I Rule 10 CPC. Subsequent purchaser held to be necessary and proper party to appeal under Order I Rule 10 of Code of Civil Procedure, 1908.

The petitioner, Sri Basavaraj @ Madhu, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order dated 20.12...

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Bombay High Court Allows Second Appeal in Specific Performance Case — Readiness and Willingness Established. First Appellate Court erred in reversing trial court's decree for specific performance of agreement to sell agricultural land despite plaintiff's readiness and willingness to perform contract.

The dispute pertains to an agreement to sell agricultural land bearing Survey No.33, admeasuring 3H 23R, situated at village Udapur, Taluka Ner, Distr...

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Bombay High Court Grants Interim Injunction Restraining Bank from Enforcing Guarantee and Pledge Against Company Pending Company Law Board Proceedings. Alleged Fraudulent Assumption of Liability by Directors Without Shareholder Consent Raises Serious Questions to be Tried.

The applicant, Rajinder Kumar Malhotra, filed an application in a pending company appeal seeking an interim injunction to restrain HDFC Bank from reco...

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Bombay High Court Dismisses Second Appeal in Suit for Possession and Mesne Profits — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. The court held that the plaintiff's title as sole heir was established and the defendant failed to prove adverse possession.

The second appeal arose from a suit for possession and mesne profits filed by the original plaintiff (since deceased, represented by legal heirs) agai...