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Supreme Court Allows Plaintiff's Appeal in Suit for Declaration and Injunction — Order 7 Rule 11 CPC Application Dismissed as Pleas Should Be Raised in Written Statement. The Court held that the defendants' objections did not warrant rejection of plaint and directed trial on merits.

The Supreme Court of India heard cross-appeals arising from a civil suit filed by Alpana Gupta (plaintiff) against APG Towers Pvt. Ltd. and another (d...

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Supreme Court Dismisses Revenue's Appeal in Income Tax Assessment Nullity Case Due to Amalgamation. Assessment in Name of Non-Existent Entity Held Void Despite Participation by Successor Company.

The Supreme Court dismissed the appeal filed by the Revenue against the judgment of the Delhi High Court which had upheld the Income Tax Appellate Tri...

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Bombay High Court Dismisses Petition Challenging Forfeiture of Flat Under NDPS Act Due to Res Judicata and Delay. Earlier Dismissal of Writ Petitions and SLP Bar Re-agitation of Same Issues Under Article 226.

The petitioners, Smt. Gulbanu Hassanali Rupani (aged 85) and Smt. Hasina S. Hemani, filed a criminal writ petition under Article 226 of the Constituti...

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Supreme Court Allows Appeal in Specific Performance Suit Due to Buyer's Acceptance of Refund During Pendency. Acceptance of Refund of Earnest Money Indicates Lack of Readiness and Willingness, Making Suit Not Maintainable Under Specific Relief Act, 1963.

The dispute arose from a suit for specific performance of an Agreement to Sell dated 25th January 2008, executed between the buyer (Respondent No.1) a...

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Bombay High Court Dismisses Revision Application Challenging Restoration of Suit in Property Dispute — Plaint Not Barred by Res Judicata or Specific Relief Act. New Cause of Action Arising from Assignment of Lease Justifies Fresh Declaratory Suit Under Order 7 Rule 11 CPC.

The case involves a long-standing property dispute over a plot of land in Naigaon, Dadar, Mumbai. The original lessee, Goswami Maharaj, granted a 999-...