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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Plaintiff Failed to Prove Readiness and Willingness. Agreement to Sell Not Proved as Genuine Due to Lack of Evidence of Execution.

The appellants, original plaintiffs, filed a suit for specific performance of an agreement to sell dated 15th June 1981, allegedly executed by the res...

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Bombay High Court Dismisses Appeal Against Injunction in Specific Performance Suit — Balance of Convenience Favors Plaintiff. Trial Court's Order Restraining Defendant from Creating Third Party Interest Upheld as Plaintiff Established Prima Facie Case and Irreparable Loss.

The appellant, Smt. Manisha Kode, challenged an order dated 24.01.2023 passed by the Civil Judge Senior Division, Aurangabad in Special Civil Suit No....

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Madras High Court Dismisses Writ Petition Against Storm Water Drain Construction Due to Title Dispute; Directs Civil Court Remedy. Court Holds that Disputed Questions of Title Cannot Be Resolved Under Article 226 of the Constitution of India, Requiring a Trial by Competent Civil Court.

The petitioners, joint owners of a business premises, filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus ...

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Bombay High Court Dismisses Second Appeal in Landlord-Tenant Dispute Over Eviction and Mesne Profits — Concurrent Findings of Subletting and Unauthorized Construction Upheld Under Section 100 CPC.

The case involves a second appeal filed by the original defendants (tenants) against the concurrent decrees of eviction and mesne profits passed by th...

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Bombay High Court Dismisses Petitioner's Challenge to Land Acquisition Due to 38-Year Delay and Laches. Consent terms entered by petitioner's father in 1966 binding on petitioner; possession taken in 1972; petition filed in 2010 without explanation.

The petitioner, Abhay V. Khinvasara, filed a writ petition under Article 226 of the Constitution of India challenging the acquisition of land bearing ...

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Bombay High Court Dismisses Widow's Claim Over Shares in Favor of Nominee Under Section 109A Companies Act — Nomination Confers Beneficial Ownership on Nominee to the Exclusion of Legal Heirs

The plaintiff, Harsha Nitin Kokate, married Nitin Kokate on 3 December 2004. Her husband expired on 5 July 2007. Nitin Kokate held shares in a demat a...