Search Results for "possession refusal"

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Supreme Court Upholds Right of Pre-emption in Partition Deed Covenant Binding on Successors-in-Interest. Covenant Not Expressly Binding Assignees Held Enforceable Against Subsequent Purchasers with Notice, and Rule Against Perpetuities Held Inapplicable to Personal Pre-emption Agreements.

The dispute arose out of a partition suit between two brothers, T and K, which was referred to arbitration. The arbitration award divided the joint pr...

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Bombay High Court Disposes of Civil Revision Applications by Tenants in Eviction Proceeding Under Maharashtra Rent Control Act, 1999. Tenants Raised Issues of Non-Decision of Order 41 Rule 27 CPC Applications, Delayed Judgment, and Misinterpretation of Section 15 of the Rent Act.

The Bombay High Court heard two Civil Revision Applications filed by tenants Vasant Mahadeo Gujar and Smt. Khatija Ismail Panhalkar against the common...

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Supreme Court Allows Appeals in Urban Land Ceiling Case — Possession Not Validly Taken Under Section 10(6) of ULC Act, 1976. Act of Court Should Not Injure Suitor; Repeal of ULC Act in 2008 Vests Land in Appellant.

The appellant, M/S A.P. Electrical Equipment Corporation (now ECE Industries Limited), owned land in Fatehnagar Village, Rangareddy District, Telangan...

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High Court of Karnataka Allows Appeal in Specific Performance Suit — Rejects Trial Court's Dismissal of Temporary Injunction. Agreement of Sale for Rs.10.75 Crore with Rs.5 Crore Advance — Prima Facie Case and Balance of Convenience in Favor of Plaintiff-Appellant.

The appellant, M/s. Sanjeevini Developers and others, filed a miscellaneous first appeal under Order 43 Rule 1(r) of the Code of Civil Procedure, 1908...

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Bombay High Court Dismisses Second Appeal; Upholds Finding that Suit for Specific Performance Is Barred by Limitation. Court Rules Plaintiff Failed to Prove Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963 and Article 54 of Limitation Act, 1963.

The case arose from an agreement dated 6.10.1997 between the appellant, Rajesh Dayaldas Narwani, and the respondent, Kanayalal D. Bablani, whereby the...

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Bombay High Court Considers Application for Rejection of Plaint Based on Unregistered Lease and Determination of Lease. Court Examines Whether Plaint Discloses Cause of Action for Specific Performance and Monetary Claims Under Order VII Rule 11 CPC.

The case involved a suit for specific performance and a money decree filed by Export Credit Guarantee Corporation of India Ltd (plaintiff) against the...

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Bombay High Court Examines Challenge to Charity Commissioner's Permission for Lease of Trust Land for 30 Years Without Public Notice. Question Involved Whether Mandatory Advertisement Under Bombay Public Trust Act Was Dispensable for Long-Term Agricultural Lease.

The writ petition was filed by three residents of village Hinglajwadi, claiming to be devotees and interested persons under Section 2(10)(a) of the Bo...