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Madras High Court Allows Writ Petition Challenging Refusal to Register Relinquishment Deed Due to Name Discrepancy. Court Directs Registration Subject to Compliance with Rule 55A of Tamil Nadu Registration Rules, 2000 and Production of Identity Certificate.

The petitioner, Mohammed Assan, and his brother K.Mubarak @ Abdul Mubarak jointly purchased landed property in Tenkasi Village through a registered sa...

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Supreme Court Upholds Forfeiture of Earnest Money in Contract for Sale of Aero-Scrap. Clause Explicitly Stipulating Deposit as Earnest Money and Forfeiture on Default Valid Under Sections 64 and 74 of Contract Act, 1872.

The dispute arose from a contract for sale of aero-scrap between the appellants, Shree Hanuman Cotton Mills, and the respondent, Tata Air-Craft Ltd. T...

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Madras High Court Allows Writ Petition Challenging Refusal to Register Settlement Deed Due to Non-Application of Mind by Sub-Registrar. Sub-Registrar's Refusal Based on Missing Original Sale Deed and Non-Mutation of Revenue Records Held Invalid Under Section 35 of Registration Act, 1908.

The petitioner, Sorkathkani, and her husband purchased a property measuring 2.5 cents in Shenkottai Town through a registered sale deed dated 2003 (Do...

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Bombay High Court Allows Refund of Stamp Duty on Development Agreement Under Section 47(c)(5) of Maharashtra Stamp Act — Purpose of Instrument Failed. Development Agreement is an instrument covered under Section 47(c)(5) for refund when the purpose fails, and Section 48 is only a limitation provision.

The petitioner, M/s. Chandiwala Enterprises, a registered partnership firm, entered into a Development Agreement with Neel Ashiward CHS Ltd. on 2nd Se...

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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 Jurisdiction of Assistant Registrar under Bombay Moneylenders Act to Nullify Registered Sale Deeds. Multiple writ petitions challenge orders directing reconveyance of agricultural land alleged to be security for unlicensed money lending.

The High Court of Bombay, Nagpur Bench, heard a batch of 21 writ petitions collectively, all challenging orders passed by the Taluka Assistant Registr...

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Bombay High Court Orders Refund of Rs.56 Crore Service Tax Deposit Retained Without Authority of Law. Petitioner Bank's deposit made under protest to buy peace on interchange income cannot be retained without show cause notice or adjudication order.

The petitioner, The Hongkong and Shanghai Banking Corporation Ltd., filed a writ petition under Article 226 of the Constitution challenging the retent...