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Bombay High Court Allows Second Appeal in Specific Performance Suit — Agreement to Sell Not Binding as Vendor Not Party. Agreement executed between plaintiff and defendant without vendor's consent held unenforceable under Section 54 of Transfer of Property Act, 1882.

The appellant (defendant in the suit) challenged the judgment and order dated 16/07/2022 passed by the learned District Judge No. 18, Nagpur in Regula...

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Bombay High Court Allows Appeal Against Remand Order in Specific Performance Suit — Suit Dismissed as Barred by Limitation. Trial Court's Finding of Limitation Upheld; Decree for Refund Set Aside as Without Jurisdiction.

The dispute arose from an agreement to sell dated 01.09.2004 and a final agreement dated 19.11.2004 between the plaintiff (respondent) and the defenda...

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Bombay High Court Allows Second Appeal in Mortgage by Conditional Sale Case — Transaction Held as Mortgage, Not Sale. Agreement to Reconvey on Repayment of Loan Within Ten Years Constituted Mortgage Under Section 58(c) of Transfer of Property Act, 1882.

The plaintiffs (respondents) filed a suit for redemption and possession of agricultural lands, claiming that the transaction dated 03.11.1973 was a mo...

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High Court of Karnataka Dismisses Second Appeal in Property Title Dispute Involving Multiple Previous Suits. Court Examines Maintainability Under Order 2 Rule 2 CPC and Relief Requirements Under Section 34 of Specific Relief Act, 1963 Regarding Declaration Without Consequential Possession.

The dispute originated from a property suit O.S.No.156/2010 filed by seven plaintiffs seeking declaration of title and permanent injunction regarding ...

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High Court of Karnataka Considers Challenge to Karwar Port Expansion Over SEIAA Authority and Consent Deficiencies. Petitions by Fishermen Associations Raise Category A Project and Pollution Control Compliance Issues Under EIA Notification.

Two public interest litigations were filed under Article 226 of the Constitution of India before the High Court of Karnataka at Bengaluru, challenging...

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Bombay High Court Grants Interim Injunction to Plaintiff in Trademark Infringement and Passing Off Case. The court restrained the defendant from using deceptively similar 'PRINCE' and crown device marks for PVC pipes, finding a strong prima facie case of infringement and passing off.

The plaintiff, Prince Pipes and Fittings Ltd., a Mumbai-based company, has been using the mark 'PRINCE' and a 'crown device' since 1987 for manufactur...

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Bombay High Court Dismisses Application to Declare Suit Non-Commercial in Specific Performance Dispute. Dispute over permanent alternate accommodation agreements held to be commercial under Section 2(1)(c) of Commercial Courts Act, 2015.

The plaintiff, Sanghvi Premises Pvt. Ltd., filed a Commercial Suit No. 181 of 2018 seeking specific performance of permanent alternate accommodation a...