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Bombay High Court Allows Appeals in Specific Performance Suit — Agreement to Sell Not Proved, but Alternative Relief of Damages Granted. Court holds that failure to prove agreement does not bar claim for earnest money refund under Section 22 of Specific Relief Act, 1963.

The appellant, an architect, filed three suits for specific performance of agreements to sell immovable property against Gustavo Pinto and Lucio Miran...

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Bombay High Court Dismisses Second Appeal in Forest Land Adverse Possession Claim — No Title by Adverse Possession Against Government Over Forest Land Without Notification Under Section 4 of Indian Forest Act, 1927.

The case involves a second appeal filed by the legal representatives of the original plaintiff, Rambhau Mhatarba Fud, against the dismissal of his sui...

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Bombay High Court hears and determines Notice of Motion No. 1211 of 2014 in Suit No. 777 of 2014 seeking interim injunctions and appointment of administrator. The court examines rival claims of family arrangements and fiduciary capacity over Gopal Raheja Group assets.

The dispute arose out of the affairs of the Gopal Raheja Group, a real estate business originally established by Lachmandas Raheja and continued by hi...

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Bombay High Court Dismisses Revision Against Concurrent Findings on Limitation in Eviction Suit. Court holds that a suit for possession filed within 12 years of the date when possession becomes adverse is not barred by limitation under Article 65 of the Limitation Act, 1963.

The case involves a civil revision application filed by M/s. SGM Properties & Investments Pvt. Ltd. (the applicant/landlord) against Basantkumar Bilas...

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Supreme Court Dismisses Specific Performance Claim but Orders Refund of Earnest Money with Interest in Property Sale Dispute. Plaintiff failed to prove readiness and willingness and additional payment of Rs. 6,75,000; only earnest money of Rs. 26,000 refundable with interest.

The dispute arose from an agreement of sale dated 21.07.2006 between the Plaintiff (Dr. Manohar Ganapathi Ravankar) and the Defendant (H. Gurunanda Ra...

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Bombay High Court Dismisses Plaintiff's Claim for Short Delivery of Urea Due to Lack of Title to Sue Under Bill of Lading. Plaintiff Not a Party to Bill of Lading and Cannot Maintain Admiralty Action for Short Landing.

The plaintiff, Dreymoor Fertilizers Overseas Pte. Ltd., filed an admiralty suit against the vessel m.v. Theoforos-1 claiming short delivery of 520.30 ...