Search Results for "Bonafide purchaser"

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Supreme Court Allows Appeal of Tenant Purchaser in Deity Land Sale Dispute. Upholds Sale to Tenant Despite Higher Offer from Intervenors, Holding That Registered Sale Deeds Cannot Be Ignored and Tenancy Status Was Not Challenged.

The case involves a dispute over the sale of land belonging to the deity Sri Rama Laxman Sita Swamy Bije, managed by a fit person. The fit person soug...

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Madras High Court Allows Appeal in Specific Performance Suit — Agreement Holder Failed to Prove Readiness and Willingness. Continuous Readiness and Willingness Must Be Established Throughout the Period of Contract Under Section 16(c) of the Specific Relief Act, 1963.

The appeal arises from a suit for specific performance of an agreement of sale dated 10.06.2006. The plaintiff, T.K.Kandhaswamy, sought to enforce the...

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Bombay High Court Allows Second Appeal in Property Dispute, Sets Aside Concurrent Findings on Limitation and Validity of Sale Deed. Suit for Possession Based on Prior Agreement to Sell Held Not Barred by Limitation as Cause of Action Arose from Notice of Eviction, Not Registration of Sale Deed.

The case involves a property dispute where the original plaintiff (now represented by legal heirs) filed a suit for possession based on an agreement t...

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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 Considers Interim Injunction in Trade Mark Passing Off Dispute Involving 'Ajanta' Toothpaste. The Court Examines Claims of Prior Use Where Plaintiffs Alleged Sales from June 2002 and Defendants from December 2002.

Background: The dispute concerned the use of the trade mark 'Ajanta' for toothpaste. The plaintiffs claimed to be prior users of the mark for non-medi...

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Madras High Court Allows Assessee's Appeal in Income Tax Penalty Case — Typographical Error in Return Does Not Attract Penalty Under Section 271(1)(c). Bonafide belief and full disclosure of transaction negate mens rea for concealment.

The appellant, Ms. Saritha Jain, an income tax assessee, sold her shares in M/s. Vision Health Services (P) Ltd., an Indian company, to M/s. Perot Sys...

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Bombay High Court Allows Appeal in Specific Performance Suit — Oral Agreement Not Proved. Plaintiff failed to establish oral agreement, payment of consideration, and suit was barred by limitation under Article 54 of the Limitation Act, 1963.

The appellants (original defendant nos. 2 to 4) challenged the judgment and decree dated 18/02/2014 passed by the learned Judge, City Civil Court, Mum...