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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 Upholds Eviction Decree Against Tenant for Non-User and Landlord's Bonafide Requirement Under Bombay Rent Act. Tenant's occasional use of premises does not constitute continuous residence; landlord's need for own use justified eviction.

The dispute arises from a suit for eviction filed by the landlord (respondent) against the tenant (petitioner) under the Bombay Rents, Hotel and Lodgi...

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Bombay High Court Allows Landlady's Suit for Possession in Rent Control Case — Limitation Governed by Article 67 of Limitation Act, 1963. Suit Filed Within 12 Years from Termination of Tenancy by Notice is Maintainable.

The case involves a dispute between a landlady (since deceased, represented by heirs) and a tenant (since deceased, represented by heirs) regarding po...

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Bombay High Court Dismisses Wife's Application to Stay UK Divorce Proceedings and Grant Anti-Suit Injunction. Court holds that Indian courts cannot restrain a party from pursuing divorce proceedings in a foreign court where the respondent is domiciled and the marriage was not consummated in India.

The plaintiff wife filed a Notice of Motion seeking an ex-parte ad-interim order to stay divorce proceedings initiated by the defendant husband in the...

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Gujarat High Court Allows Appeal in Specific Performance Suit, Sets Aside Decree for Non-Compliance with Section 16(c) of Specific Relief Act, 1963. Plaintiff Failed to Prove Readiness and Willingness to Pay Balance Consideration, Rendering Specific Performance Unwarranted.

The case involves a First Appeal under Section 96 of the Code of Civil Procedure, 1908, filed by the original defendant No. 2 (appellant) challenging ...

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Bombay High Court Grants Injunction Against Alienation of Property in Will Dispute Between Son and Father. Son, as sole beneficiary under mother's will, entitled to interim protection of estate pending administration.

The plaintiff, Uday Narendra Shah, filed a suit seeking administration of the estate of his deceased mother, Jayamati Narendra Shah, who died on 10 Ju...

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Bombay High Court Holds Suit Maintainable Despite Absence of Notice Under Section 164 of Maharashtra Co-operative Societies Act, 1960 — Reliefs Against Society Are Consequential, Not Adversarial

The plaintiff, Kumar Tarachand Laungani, filed a suit against his brother, Deepak Tarachand Laungani (defendant no.1), and Shikarpuri Co-operative Hou...