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Bombay High Court Allows Appeal in Specific Performance Suit — Upholds Appellate Court's Dismissal of Suit. Court holds that plaintiff failed to prove agreement and readiness and willingness, and suit was barred by limitation under Article 54 of Limitation Act, 1963.

The appeal arises from a suit for specific performance of an agreement for sale of immovable property. The plaintiff, Manoj Manilal Gala (appellant), ...

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Supreme Court Allows State's Appeal Against High Court Order Summoning Additional Evidence in Asaram Bapu Conviction Case. Section 391 CrPC Cannot Be Used to Fill Gaps in Prosecution Case or to Introduce Evidence That Could Have Been Produced at Trial.

The Supreme Court allowed the appeal filed by the State of Rajasthan against the judgment of the Rajasthan High Court dated 10.02.2022. The High Court...

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Supreme Court Dismisses Appeal in Letters of Administration Case Under Indian Succession Act, 1925. The court upheld concurrent findings that the will was genuine and properly proved, rejecting arguments based on delay and inapplicability of presumption under Section 90 of the Evidence Act, 1872.

The appeal arose from a judgment of the Calcutta High Court affirming a trial court decree granting letters of administration under Section 278 of the...

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Bombay High Court Dismisses Challenge to Arbitrator's Interim Order Directing Security in Dredging Contract Dispute. Section 37(2)(b) Appeal Fails as Arbitrator's Order for Bank Guarantee of Rs. 5,66,30,579/- Upheld Pending Final Award.

The present Commercial Arbitration Petition was filed under Section 37(2)(b) of the Arbitration & Conciliation Act, 1996 (the Act) by Karanja Terminal...

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Supreme Court Dismisses State Appeal Against Acquittal of Accused in Murder Case — Common Intention Not Established. High Court's Finding That Accused Only Inflicted Lathi Blow on Legs, Not Sharing Intent to Kill, Upheld Under Section 302/34 IPC.

The case arises from a land dispute between two groups of brothers. On 06/11/2000, at about 5 PM, Gurbachan Singh and Balveer Singh were ploughing a p...

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Supreme Court Dismisses Manufacturer's Appeal in Rebate Claim Case Due to Limitation Under Section 11B of Central Excise Act. Rebate of duty on exports is governed by the limitation period prescribed under Section 11B, as 'refund' includes 'rebate' under Explanation (A) to that section.

The appellant, Sansera Engineering Limited, a manufacturer of excisable goods, exported goods between August 2015 and October 2015 and filed claims fo...

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Bombay High Court Allows Tenant's Writ Petition in Eviction Case Based on Denial of Title — Rent Controller's Order Restored. Landlady's eviction application dismissed as denial of title was not bona fide and tenant continued to pay rent.

The dispute pertains to a residential house in Panaji, Goa, leased by Antonio Neri Francisco Fernandes to Chintamona Boirov Moralkar in 1952. After Ch...

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Supreme Court Dismisses Appeal in Civil Appeal No. 2096/2007 — No Ground for Interference Found. The Court held that no circumstances warranting interference with the impugned judgment and order were established.

The Supreme Court heard Civil Appeal No. 2096/2007 arising from an impugned judgment and order. The Court examined the matter and found no circumstanc...

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Supreme Court Allows Appeal Against Foreigners Tribunal Order in Assam — Matter Remanded for Fresh Adjudication on Merits. The Court set aside the ex-parte order of the Foreigners Tribunal, Guwahati, and directed restoration of the proceeding to its original stage for a de novo hearing.

The appellant, a resident of Assam, challenged an ex-parte order passed by the Foreigners Tribunal, Guwahati, which declared him a foreigner. The Supr...