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High Court of Karnataka Quashes Stamp Duty Demand on Development Agreement — Karnataka Appellate Tribunal's Order Set Aside for Lack of Proper Consideration of Evidence and Non-Application of Mind to the Definition of 'Conveyance' Under the Karnataka Stamp Act, 1957.

The petitioners, M/s. Motwani Builders and M/s. B. Alim Builders, filed writ petitions under Articles 226 and 227 of the Constitution of India challen...

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High Court of Karnataka Allows Appeals in Execution Proceedings — Auction Sale Set Aside for Non-Compliance with Order 21 Rule 95 CPC. Delivery of possession is a mandatory requirement for confirmation of sale under Order 21 Rule 95 of the Code of Civil Procedure, 1908.

The case involves two Regular First Appeals (RFA No. 557/2016 and RFA No. 558/2016) filed under Section 96 read with Order 41 Rules 1 and 2 of the Cod...

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High Court of Karnataka Dismisses Appeals Against Execution Court Order in Property Dispute — Upholds Dismissal of Application to Set Aside Auction Sale for Lack of Material Irregularity. Execution Court's Refusal to Set Aside Sale Under Order XXI Rule 90 CPC Upheld as No Substantial Injury Was Proved.

The case involves two Regular First Appeals (RFA No. 100051/2021 and RFA No. 100140/2021) filed before the High Court of Karnataka, Dharwad Bench, aga...

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Bombay High Court Dismisses Developer's Petition Challenging Deemed Conveyance Order in Favor of Cooperative Housing Society. Developer's Obligation to Transfer Land to Society Under Section 11 of Maharashtra Ownership Flats Act, 1963 is Absolute and Not Subject to Limitation.

The petitioners, K.V. Satyamurthy and S.M. Builders, were the owners and developers of a piece of land in Juhu, Mumbai. They constructed and sold 36 b...

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Bombay High Court Allows Appeal in SARFAESI Act Case — Plaint Rejection Upheld for Lack of Civil Court Jurisdiction. Dispute over mortgaged properties held to be exclusively triable by DRT under Section 34 of SARFAESI Act, 2002.

The case involves two appeals arising from a suit filed by Pooja Ravikumar Nidasoshi and Vandana (plaintiffs) against the Gadhinglaj Urban Co-operativ...

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Bombay High Court Dismisses Appeal in Specific Performance Suit Against LIC — Tenant Association Fails to Prove Readiness and Willingness. Agreement to Sell Not Concluded as Essential Terms Remained Unsettled and No Binding Contract Was Formed Under Section 10 of Specific Relief Act, 1963.

The appeal arose from a decree of the City Civil Court, Greater Mumbai dismissing S.C. Suit No. 8228 of 1984, which was a suit for specific performanc...

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Bombay High Court Dismisses Appeal Against Dismissal of Suit Challenging Compulsory Purchase Order Under Income Tax Act. Suit Seeking Declaration That Compulsory Purchase Order Stood Abrogated Was Barred by Section 269-UN and Section 293 of the Income Tax Act, 1961, Which Exclude Civil Court Jurisdiction.

The appeal was filed against the order dated 7th April 2014 passed by a learned Single Judge of the Bombay High Court dismissing the plaintiff's suit ...