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Supreme Court Allows Appeal in Specific Performance Suit — Sets Aside Review Order Recalling Judgment Due to Non-Filing of Vakalatnama. Service of Notice Held Complete and Arguments Not Collusive, Hence Recall Unjustified Under Order 47 Rule 1 CPC.

The dispute arose from a specific performance suit filed on 15.10.2010 by the appellant, Shree Chaitanya Constructions, against eight defendants. Only...

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Bombay High Court Dismisses Letters Patent Appeal Against Charity Commissioner's Enquiry Order in Trust Misappropriation Case. Res Judicata Not Applicable as Earlier Enquiry Was Not a Proper Enquiry on Merits.

The case involves a Letters Patent Appeal filed by Rustomjee Kerawalla Foundation against an order of the Learned Single Judge dated 31 July 2012. The...

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Bombay High Court Upholds Revenue in Income Tax Reference on HUF Income Assessment. Income from assets received on partition by a bachelor remains individual income even after marriage, as no HUF is created without blending.

The case involves a reference under Section 256(1) of the Income Tax Act, 1961, by the Income Tax Appellate Tribunal at the instance of the assessee, ...

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Bombay High Court Allows Second Appeal in Partition Suit — Sale by Brother for Legal Necessity Upheld. Daughters' Claim for Partition Dismissed as Sale Deed Dated 28.3.1968 Was Supported by Legal Necessity and Prior Conditional Sale.

The case involves a partition suit filed by two daughters (plaintiffs) against their brother Tukaram and the appellant (defendant no.1), who purchased...

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Bombay High Court Dismisses Review Petition in Matrimonial Dispute Over Maintenance and Injunction. Court holds that review cannot be used to re-argue the merits of a case when the original order was passed with consent and no error apparent on record exists.

The case involves a review petition filed by John Vergese (the husband) against an order dated 5.11.2004 passed by a learned Single Judge of the Bomba...

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Bombay High Court Allows Appeal Against Revision of Interim Injunction in Specific Performance Suit — Agreement Holder's Right to Protect Suit Property Upheld. The court restored status quo ante to prevent alienation of suit property pending final adjudication of the specific performance claim.

The appellant/plaintiff filed a suit for specific performance of an agreement to sell agricultural land dated 18.10.2000, modified on 27.2.2007, for a...