Search Results for "section 53A"

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High Court of Gujarat Allows Revision, Rejects Plaint in Specific Performance Suit Involving New Tenure Land. Agreement to Sell New Tenure Land Without Collector's Permission is Void Under Section 43 of Gujarat Tenancy and Agricultural Land Act, 1948, and Suit Based on Such Agreement is Barred by Law.

The case involves a Civil Revision Application filed by the original defendants (Dilipbhai Parshottambhai Patel and others) against an order of the le...

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NCLAT Upholds Sale of Corporate Debtor as Going Concern in Liquidation — Confirms Immunity Under Section 32A IBC. Liquidator's Application for Confirmation of Sale and Immunity Allowed Despite Objections from Suspended Directors.

The appeal arose from a common order dated 27.09.2024 passed by the NCLT, Chennai, in IA(IBC)/415/2024, IA(IBC)/1701/2023, and IA(IBC)/1757/2023 in th...

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Bombay High Court Dismisses Second Appeals in Specific Performance Suit, Upholds Concurrent Findings of Readiness and Willingness. Agreement to Sell for Agricultural Land Held Valid and Enforceable Despite Non-Registration of Power of Attorney.

The case involves two second appeals arising from a suit for specific performance of an agreement to sell agricultural land. The plaintiff, Hiren Veni...

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Supreme Court Allows Appeal Against NCLAT Order in Competition Law Case — Locus Standi of Informant Under Section 19(1)(a) of Competition Act, 2002. The Court held that the expression 'any person' in Section 19(1)(a) is wide and does not require the informant to be a consumer or competitor.

The appeal arose from an information filed by Samir Agrawal, an independent law practitioner, before the Competition Commission of India (CCI) on 13.0...

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Bombay High Court Dismisses BPCL's Second Appeal in Lease Dispute — No Registered Lease Deed, No Protection Under Section 53A of Transfer of Property Act. Appellant failed to prove possession in part performance of contract as lessee failed to execute registered lease deed despite 1965 agreement.

The appellant, Bharat Petroleum Corporation Limited (BPCL), filed a second appeal against the concurrent decrees of the trial court and the first appe...

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Supreme Court Allows Magistrate to Order Voice Sample of Accused in Criminal Investigation. Article 20(3) Does Not Bar Compelled Voice Sample as It Is Not Testimonial Evidence Under Section 53 CrPC.

The case arises from an FIR lodged on 7th December 2009 at Sadar Bazar Police Station, Saharanpur, Uttar Pradesh, alleging that Dhoom Singh and appell...

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Bombay High Court Grants Decree of Possession and Mesne Profits to Purchasers in Suit for Ejectment of Trespassers Based on Title. Unregistered Agreement for Sale Does Not Confer Title or Right to Possession Without Payment of Consideration.

The plaintiffs, Sharad Shantilal Chheda and Taruna Anil Chheda, filed a suit in the Bombay High Court seeking a decree of possession and mesne profits...

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Bombay High Court Upholds Specific Performance of Unregistered Agreement Under MOFA — Loan Defence Rejected. Agreement for sale under Maharashtra Ownership Flats Act, 1963 is enforceable despite non-registration.

The plaintiffs, shop purchasers, filed a suit for specific performance of an unregistered agreement for sale dated 31.8.1991 against the defendant dev...