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Supreme Court Hears Appeal Against High Court's Reversal of First Appellate Court's Decree for Specific Performance of Agreement for Sale. High Court Had Directed Refund of Earnest Money Instead of Specific Performance, Holding That Appellant Failed to Prove Readiness and Willingness.

The litigation arose from an agreement for sale dated 08.01.2010, whereby the defendants agreed to sell two items of immovable property to the appella...

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Bombay High Court Dismisses Appeal in Trust Dispute — Interpretation of Indenture of Trust dated 29th March 1949. Court holds that the Appellant/Plaintiff failed to establish any right, title or interest in the trust property under the Deed of Trust.

The dispute pertains to an Indenture of Trust executed on 31st March 1949 between Parvatibai Chowhan (Settler) and Rai Bahadur Kunwar Motisingh Lalsin...

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High Court of Karnataka Allows Transfer of Winding Up Petitions to NCLT Under Section 434(1) of Companies Act, 2013 — Mandatory Transfer of Pending Proceedings Where No Winding Up Order Has Been Passed.

The judgment concerns two company applications filed by M/s. Nitesh Residency Hotels Pvt. Ltd. seeking transfer of pending winding up petitions (Compa...

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Supreme Court Dismisses Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Readiness and Willingness Not Proved Despite Loan Approval.

The appellant, Ritu Saxena, filed a suit for specific performance of an Agreement dated July 18, 2004, for the purchase of a flat in New Delhi for Rs....

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Supreme Court Allows Vendor's Appeal, Dismisses Vendee's Suit for Specific Performance Due to Non-Payment of Rent. Payment of Customary Rent Held an Essential Term of Contract, Non-Performance Bars Discretionary Relief Under Section 16(c) of Specific Relief Act, 1963.

The case involves an agreement to sell dated 13.05.1964 between Mohinder Kaur (vendor) and Bahadur Singh (vendee) for sale of land for Rs.5605/-, with...

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High Court of Karnataka Hears Regular First Appeals Against Decree for Specific Performance — Trial Court Decree Granting Specific Performance and Cancellation of Sale Deed Under Challenge. The Court Reserved Judgment; Outcome Not Stated in This Excerpt.

These two regular first appeals arose from the judgment and decree dated 30.06.2015 in O.S.No.594/2005 passed by the XI Addl. City Civil Judge, Bengal...

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High Court of Karnataka Quashes ITAT's Rectification Order in Income Tax Case — Tribunal Exceeded Jurisdiction Under Section 254(2) by Reviewing Its Own Decision. Mistake Apparent from Record Must Be Obvious and Not Require Re-appreciation of Evidence.

The petitioner, M/s. I.G. Petrochemicals Ltd., an assessee under the Income Tax Act, 1961, filed a writ petition challenging the order dated 05.09.202...

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Bombay High Court Dismisses Parole Petition Due to Previous Abscondence and Discretionary Nature of Parole. Parole is a discretionary remedy granted only for specified contingencies like death or illness of relative, not for other reasons.

The petitioner, Gopal Hukka Bokshe, filed a Criminal Writ Petition before the Bombay High Court challenging the rejection of his application for parol...