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Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Trust Property Suit. Court Fees Held Properly Paid as Suit Was for Injunction, Not Recovery of Money.

The case involves a civil revision application filed by the original defendants (applicants) challenging an order of the trial court dated 15/11/2016 ...

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High Court of Karnataka Allows Writ Petition Challenging Rejection of Probate Application Under Section 276 of Indian Succession Act, 1925 — Trial Court Directed to Consider Application on Merits Without Insisting on Valuation of Immovable Properties

The petitioners, who are the legal heirs of deceased B.M. Chandregowda, filed a probate application under Section 276 of the Indian Succession Act, 19...

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High Court of Karnataka Allows Appeal in Civil Procedure Case — Holds That Order VII Rule 11 CPC Permits Only Rejection of Plaint as a Whole. Partial rejection of a plaint is not permissible in law under Order VII Rule 11 of the Code of Civil Procedure, 1908.

The appeal arises from an order dated 05.04.2016 passed by the 42nd Additional City Civil and Sessions Judge, Bangalore on I.A.No.37 in O.S.No.8068/20...

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High Court of Karnataka Dismisses Appeal in Specific Performance Suit — Plaintiff Failed to Prove Readiness and Willingness to Perform Contract. Agreement to Sell Not Proved as Genuine Transaction Due to Lack of Credible Evidence and Discrepancies in Pleadings.

The appellant, T. Narayana, filed a Regular First Appeal before the High Court of Karnataka against the dismissal of his suit for specific performance...

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Madras High Court Division Bench Hears State Appeals Against Single Judge Order Quashing Development Charge Deduction. The Single Judge had declared that applying a blanket 33.33% deduction towards development charges in land acquisition compensation awards was impermissible without justification.

The High Court of Judicature at Madras heard three connected writ appeals filed by the State of Tamil Nadu and its officials against a common order da...

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Supreme Court Allows Appeal in Specific Performance Suit, Restores Trial Court's Decree for Money Recovery Instead of Specific Performance. The High Court erred in granting specific performance as the transaction was found to be a loan with collateral security under the Specific Relief Act, 1963.

The Supreme Court allowed the appeal by the subsequent purchasers (appellants) against the High Court's decree granting specific performance of an agr...

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Supreme Court Quashes Municipal Corporation's Mandamus for Land Acquisition Due to Lapsed Reservation and Financial Incapacity. Reservation under Development Plan Lapsed Under Section 127 of MRTP Act, 1966, and Acquisition Not Mandated as Corporation Lacked Funds Under RFCTLARR Act, 2013.

The dispute involved a land reservation under the Kolhapur development plan sanctioned in 1999 for public purposes like parking and garden. The landow...