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Madras High Court Allows Appeal in Specific Performance Suit — Plaintiff's Readiness and Willingness Established Despite Minor Discrepancies in Pleadings. Sale Agreement for Rs.14 Lakh with Rs.3 Lakh Advance Held Enforceable as Plaintiff Demonstrated Continuous Readiness and Willingness to Perform.

The appellant/plaintiff, K. Eswaran, filed a suit for specific performance of a sale agreement dated July 24, 2014, whereby the first defendant, S. Ja...

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Bombay High Court Upholds Disqualification of Zilla Parishad Councillor for Having Three Children Under Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961. Family Planning Policy Enforced Strictly to Curb Population Explosion.

The petitioner, Gautam s/o Rama Latke, was elected as a Councillor from the Anala (30) Constituency of Zilla Parishad, Osmanabad. He was aggrieved by ...

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High Court of Karnataka Hears Challenge by Drug Supplier Against Blacklisting Order Alleging Non-Compliance with Rule 26A of Karnataka Transparency in Public Procurements Rules, 2000. Petitioner Assails Blacklisting as Ultra Vires in Absence of Corrupt Practice Finding and Procedural Violation.

The petitioner, a pharmaceutical company, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karna...

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High Court of Judicature at Bombay Appoints Sole Arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 in a Commercial Contract Dispute. Appointment Made after Respondent Failed to Prove Valid Appointment of Arbitrator Despite Alleged Forfeiture of Right.

The dispute arose from an agreement dated 8 January 2003 between Voltas Limited (applicant) and Rolta India Limited (respondent) for the supply, erect...

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Supreme Court Allows Appeal in Port Damage Case — Endorsement of Liability Obtained by Coercion is Void. Essar Shipping Ltd. v. Board of Trustees for the Port of Calcutta — Endorsement of liability obtained by wrongful detention of vessel is void under Section 17 of the Indian Contract Act, 1872.

The case arises from an incident on 27 August 1987 when the vessel M.V. Chennai Nermai, owned by Essar Shipping Ltd. (appellant), collided with a coal...

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Bombay High Court Dismisses Writ Petition Challenging Return of Appeal Memo for Lack of Pecuniary Jurisdiction. Forum of appeal determined by valuation in decree, not plaint valuation under Section 8 of Suits Valuation Act, 1887 and Section 6 of Bombay Civil Courts Act, 1869.

The petitioners, original plaintiffs, filed Regular Civil Suit No.1171 of 2006 seeking declaration that a gift deed dated 10/11/2005 executed by defen...