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Supreme Court Allows Appeal in Specific Performance Case — Delay in Deposit of Balance Sale Consideration Condoned. The court held that the conditional decree was satisfied by deposit under court orders, and the judgment-debtor's right to rescind was lost as he did not seek rescission before deposit.

The appellant, filed a suit for specific performance of an agreement for sale of 3.75 acres of land dated 14.11.2011, wherein the respondent, agreed t...

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Bombay High Court Upholds Reopening of Assessment Under Section 147(a) for Income Tax on Minimum Guarantee Receipts from Film Sale. Assessee's Failure to Disclose Full Consideration for Sale of Movie 'Charas' Justifies Reassessment Despite Partial Acceptance of Addition.

The case involves an income tax reference at the instance of the assessee, who sold a movie titled 'Charas' to M/s. Prakash Pictures on a minimum guar...

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Bombay High Court Upholds Conviction of Husband for Cruelty Under Section 498A IPC — Confirms Three-Year Rigorous Imprisonment and Compensation of Rs.70,000. Revision Petition Dismissed as Concurrent Findings of Fact and Law on Cruelty and Demand for Dowry Are Not Shown to Be Perverse or Unreasonable.

The revision petitioner, Babanrao Dnyandoba Shinde, was the husband of the informant Suvarna Shinde. Their marriage was solemnized in 1993. The wife a...

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Bombay High Court Allows Revision Application in Suit for Specific Performance — Court Holds That Dismissal of Suit for Default Under Order 9 Rule 8 CPC Cannot Be Converted Into a Decree on Merits Without Proper Application of Mind.

The present Civil Revision Application arises out of a suit for specific performance of contract filed by the applicant (original plaintiff) against t...

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Bombay High Court Dismisses Application to Strike Off Defence in Foreign Award Enforcement Proceedings. Security Deposit Condition Not a Bar to Defend Petition on Merits Under Order 39 Rule 11 CPC and Section 49 of Arbitration and Conciliation Act, 1996.

The petitioners, Pacific Basin Handymax (UK) Ltd., filed a Notice of Motion under Order 39 Rule 11 of the Code of Civil Procedure, 1908, seeking to st...

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Bombay High Court Acquits Accused in Dowry Death Case Due to Lack of Evidence of Demand for Dowry and Inconsistencies in Prosecution Case. Conviction under Sections 304-B, 498-A IPC and Sections 3, 4, 6 of Dowry Prohibition Act, 1961 set aside as prosecution failed to prove dowry demand soon before death.

The case pertains to the death of Shaheen, who was married to Abdul Aziz (accused No. 2) on 12th April 1996. After marriage, she resided with her husb...

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Bombay High Court Dismisses Tenant's Petition in Rent Default Case — Tenant Failed to Pay Rent for Six Months Despite Demand Notice. Appellate Court's Decree of Eviction Under Section 12 of Bombay Rent Act Upheld as Tenant Did Not Tender Rent Within One Month of Notice.

The petitioner, Arun Anant Tavkar, was a tenant of Flat No.3, Suyesh, Phirozshaw Mehta Road, Vile Parle (East), Bombay. The respondent, Smt. Suhas Yes...