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Supreme Court Allows Appeal of Subsequent Purchasers in Specific Performance Suit — Agreement for Sale Held Sham and Not Intended to Be Acted Upon. Evidence Act Sections 91 and 92 Do Not Bar Proof of Sham Transaction; Subsequent Purchasers Are Bona Fide Purchasers Without Notice.

The appeal arose from a suit for specific performance of an agreement for sale dated 7th December 1981 executed by the first defendant in favour of th...

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Bombay High Court Allows Second Appeal in Trust Property Encroachment Case — Defendant Acquitted of Adverse Possession Claim. Suit for Possession by Trust Held Not Barred by Limitation as Encroachment is Continuing Wrong Under Section 23 of Limitation Act, 1963.

The case involves a second appeal filed by Namdeo Khedkar (appellant/defendant) against the judgment of the Joint District Judge, Chandrapur, which re...

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Bombay High Court Dismisses Writ Petition in Tender Eligibility Challenge; Petitioner Held Ineligible for Financial Bid Due to Missing Mandatory Declaration. Rejection of Bid Not Arbitrary as Mandatory Online Declaration Requirement Under Tender Conditions Could Not Be Cured After Bid Opening.

The dispute concerned a writ petition under Article 226 of the Constitution of India challenging the tender process for construction of eight Primary ...

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Supreme Court Upholds Decree of Specific Performance in Land Sale Agreement Case. Concurrent Findings of Fact Establish Genuine Agreement to Sell with Full Consideration and Possession, No Discretion to Refuse Specific Performance Under Section 20(2)(c) of Specific Relief Act, 1963.

The original appellant, Leeladhar, entered into a registered agreement to sell 18 bighas of land to Deshraj for Rs.40,000 on 15.02.1985, receiving Rs....

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Bombay High Court Allows Second Appeal in Suit for Possession and Mesne Profits — Concurrent Findings Set Aside Due to Non-Compliance with Order 41 Rule 31 CPC. First Appellate Court's Failure to Frame Points for Determination and Provide Reasoning Renders Judgment Unsustainable.

The case involves a second appeal filed by the original defendants against the judgment and decree passed by the District Judge, Beed, in Regular Civi...

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Bombay High Court Allows Section 11 Application for Appointment of Arbitrator in Contract Dispute Between Pioneer Publicity Corporation and Airport Authority of India. Dispute arises from unilateral reduction of hoarding size from 8,000 sq ft to 5,000 sq ft and failure to refund security deposit.

The applicant, Pioneer Publicity Corporation Pvt Ltd, was the successful tenderer for a contract with the Airport Authority of India (AAI) for display...

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Bombay High Court Acquits Accused in Murder Case Due to Unreliable Evidence and Lack of Common Object. Conviction under Section 302 read with 149 IPC set aside as prosecution failed to prove unlawful assembly and common object beyond reasonable doubt.

The judgment pertains to multiple criminal appeals arising from a conviction for murder under Section 302 read with 149, 120B, 147, 148 of the Indian ...