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High Court of Karnataka Hears Regular First Appeal Challenging Decree for Specific Performance of Sale Agreement — Appellants Argue Time Was Essence of Contract and Plaintiff Defaulted on Payment. The Court Frames Issues on Time Essence and Plaintiff's Continuous Readiness and Willingness to Perform.

The case arose from a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, filed against the judgment and decree dated 25.04.20...

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Bombay High Court Dismisses Plaintiff's Suit for Damages Against Bank in Negligence and Breach of Contract Claim. Plaintiff Fails to Prove Alleged Fraud and Collusion by Bank Officials in Dishonour of Bills of Exchange and Stoppage of Cash Credit Account.

The Plaintiff, Dileep Nevatia, sole proprietor of M/s. Sundeep Industries, filed a suit against the State Bank of India (successor to State Bank of In...

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Bombay High Court Dismisses Appeal Against Refusal to Restrain Bank Guarantee Invocation in Contract Dispute. No Fraud or Special Equities Established to Prevent ONGC from Encashing Bank Guarantees Furnished by Mercator Oil & Gas.

The appellant, Mercator Oil & Gas Limited, had entered into a contract with the first respondent, Oil & Natural Gas Corporation Limited (ONGC), for th...

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Supreme Court Dismisses Appeals in Specific Performance Case — Buyer's Readiness and Williness Established. Time Held Not of Essence Due to Seller's Conduct in Accepting Delayed Payments and Continuing Negotiations.

The dispute arose from an agreement for sale of immovable property dated 20th January 2005 between the sellers (appellants in CA 3015/2013) and the bu...

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Supreme Court Restores Acquittal in Cheque Dishonour Case Due to Complainant's Failure to Prove Debt. High Court's Reversal Set Aside as Trial Court's Findings on Rebuttal of Presumption Were Plausible and Not Perverse.

The Supreme Court allowed the appeal filed by Rohitbhai Jivanlal Patel against the judgment of the Gujarat High Court, which had reversed his acquitta...

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Bombay High Court Allows Writ Petition in Sabka Vishwas Scheme Case — Petitioner Entitled to Interest on Delayed Refund Under Section 127 of Finance Act, 2019. The court held that the respondents' delay in refunding the amount under the scheme attracts interest liability.

The petitioner, Quant Broking Pvt Ltd, a stock broker and member of various stock exchanges, filed a declaration under the Sabka Vishwas (Legacy Dispu...

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Bombay High Court Quashes Reassessment Notices Under Section 148 of Income Tax Act for Lack of Fresh Material. Reassessment Based on Mere Change of Opinion Without New Tangible Material is Invalid.

The petitioner, Debashu Services Private Limited, a private limited company registered under the Companies Act, 1956, is a regular assessee under the ...

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Supreme Court Dismisses Special Leave Petition Against Delhi High Court’s Unconditional Stay of Money Decree Under Order XLI Rule 5 CPC. Execution of Trademark Infringement Money Decree Stayed Without Deposit Pending Appeal, Upheld by Apex Court Citing Sufficient Cause.

The dispute arose from a civil suit instituted by Lifestyle Equities C.V. and anor, claiming to be the proprietor of the Beverly Hills Polo Club trade...