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Bombay High Court Allows Civil Revision Application, Rejects Plaint in Co-operative Society Recovery Dispute. Challenge to Attachment and Auction Orders Under Maharashtra Co-operative Societies Act, 1960 Barred by Section 163, Civil Court Lacks Jurisdiction.

The petitioner, Kalika Nagri Sahakari Patsanstha Maryadit, a co-operative society registered under the Maharashtra Co-operative Societies Act, 1960, f...

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Gujarat High Court Dismisses Appeal Against Decree of Specific Performance and Mesne Profits. Notarized but Unregistered Agreement to Sell Held Void Under Registration Act, 1908.

The present appeal was filed under Section 96 of the Code of Civil Procedure, 1908 challenging the judgment and decree dated 08.05.2024 passed by the ...

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Bombay High Court Allows Petition in Execution Proceedings - Limited Inquiry Under Order 21 Rule 101 CPC. Executing Court Not Required to Conduct Full-Fledged Trial When Obstruction is Ex Facie Baseless; Summary Rejection Permissible.

The Bombay High Court addressed the scope of inquiry to be conducted by an Executing Court under Order 21 Rule 101 of the Code of Civil Procedure, 190...

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Supreme Court Upholds Consignor's Claim Against Indian Railways for Loss of Goods Under Implied Bailment. Implied Contract of Bailment Found Between Consignor and E.P. Railway Despite Initial Contract with Pakistan Railway Under Indian Contract Act, 1872 Sections 148 and 194.

The dispute arose from the non-delivery of goods consigned in 1947 from Quebec, Pakistan, to New Delhi, India. The consignor, Amar Singh, booked goods...

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Madras High Court Allows Appeal in Specific Performance Suit — Time Was Essence of Contract Despite Absence of Express Stipulation. Plaintiff Failed to Prove Readiness and Willingness to Perform Contract Within Reasonable Time.

The appellant/defendant Sebastian filed an appeal against the judgment and decree dated January 3, 2017 passed by the Principal District Court, Thiruv...

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Bombay High Court Allows Second Appeal in Partition Suit — Establishes Plaintiffs' Title and Entitlement to Partition. Court holds that concurrent findings of fact can be interfered with if perverse or based on no evidence, and that plaintiffs proved their 1/3rd share in suit property.

The case involves a second appeal arising from a partition suit. The original plaintiffs, Ratnakar Pralhad Deoras (since deceased, represented by lega...