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Supreme Court Allows Appeal in Specific Performance Suit, Restores Trial Court Decree. Handwriting Expert Evidence Cannot Override Consistent Testimony of Attesting Witnesses and Corroborative Receipt of Earnest Money.

The case involves a suit for specific performance of an agreement of sale dated 20.04.1993 for a house in Karimnagar. The plaintiff (appellant) allege...

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Supreme Court Upholds Pharmacy Council of India's Exclusive Jurisdiction Over Pharmacy Education, Overriding AICTE. The Pharmacy Act, 1948 is a complete code, and the word 'pharmacy' in Section 2(g) of the AICTE Act must be read down to exclude AICTE's regulatory power.

The Supreme Court adjudicated a batch of cases concerning the regulatory authority over pharmacy education in India. The dispute arose when the Pharma...

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Bombay High Court Allows Second Appeal in Specific Performance Execution Dispute — Maintainability of Appeal Under Section 47 CPC Clarified. Court holds that an order rejecting objection under Section 47 CPC is a decree appealable under Section 96 CPC, not revisable under Section 115 CPC.

The present second appeal is filed by the appellant, original plaintiff, aggrieved by the judgment and decree passed by the learned District Judge-9 a...

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Bombay High Court Quashes Criminal Proceedings Against Sister-in-Law in Dowry Harassment Case Due to Lack of Specific Allegations. Applicant, being sister-in-law residing separately, was not part of the matrimonial home and no specific overt acts were attributed to her in the FIR.

The applicant, Sonia Jaiswal, sister-in-law of the informant Sapna Jaiswal, filed an application under Section 482 of the Code of Criminal Procedure, ...

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Bombay High Court Dismisses Developer's Interim Application in Development Agreement Dispute — Prima Facie Case Not Made Out as Agreement Was Terminated for Non-Performance. Specific Performance Claim Requires Trial; No Irreparable Loss Shown.

The Plaintiffs, Shantilal J. Shah and others, filed a suit seeking a declaration that a Development Agreement dated 25th September 2007 and an Irrevoc...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Demurrage Dispute. Charter Party Agreement's Demurrage Clause Upheld as Petitioner Failed to Prove Excepted Perils.

The petitioner, Steel Authority of India Limited (SAIL), challenged an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996, ...

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Bombay High Court Dismisses Appeal Against Arbitral Tribunal's Interim Order in Bank Guarantee Dispute. Court upholds restraint on encashment of bank guarantee subject to deposit of amount, finding no perversity in the Tribunal's order under Section 37 of the Arbitration and Conciliation Act, 1996.

The petitioner, Mahaguj Collieries Limited, filed two arbitration petitions under Section 37 of the Arbitration and Conciliation Act, 1996, challengin...

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Bombay High Court Partially Allows Appeal Against Arbitral Tribunal's Interim Order in Commercial Arbitration Dispute. Court upholds Tribunal's power to grant interim relief under Section 17 of Arbitration and Conciliation Act, 1996, but modifies order to balance interests of both parties.

The judgment arises from two commercial arbitration petitions filed by Mahaguj Collieries Limited (the petitioner) under Section 37 of the Arbitration...