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Madras High Court Allows Second Appeal in Specific Performance Suit — Sets Aside First Appellate Court's Decree Due to Non-Compliance with Order 41 Rule 31 CPC. Failure to Frame Points for Determination and Provide Independent Reasoning Renders Appellate Judgment Unsustainable.

The appellant/defendant, Thailammal, was the owner of the suit property. The respondent/plaintiff, Kalaivendan, filed a suit for specific performance ...

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Bombay High Court Dismisses Application for Rejection of Plaint in Specific Performance Suit. Plaint Discloses Cause of Action and Suit Not Barred by Limitation Under Article 54 of Limitation Act, 1963.

The case involves an interim application filed by the defendants in a commercial suit for specific performance. The plaintiff, Rajdhani Textiles Pvt. ...

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Supreme Court Upholds Enhanced Share Valuation, Awards Interest at 6% Pre-Decree and 9% Post-Decree in Decades-Old Dispute. Balancing Equity and Commercial Realities: SC Modifies Interest Rates in Rajasthan State Mines Share Acquisition Case

Valuation of Shares – The Supreme Court affirmed the High Court’s valuation of shares at ₹640 per share, rejecting the State’s objections. Th...

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Supreme Court Upholds Levy of Sewerage Cess on Industrial Unit Discharging Effluents Through Common Treatment Plant into Board's Sewer System. Section 55 of HMWS&S Act, 1989 imposes cess irrespective of direct connection, and proviso applies only when area is not served by any sewerage system.

The appellant, Vasant Chemicals Limited, an amalgamated company manufacturing dye intermediates, obtained bulk water supply from the Hyderabad Metropo...

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High Court of Karnataka Allows Appeal in Credit Card Recovery Suit — Reduces Usurious Interest Rate of 2.5% per Month Compounded Monthly to 6% per Annum Simple. Contractual interest held unconscionable and against public policy under Section 34 CPC.

The appellant, B. Gopa Kumar, was a credit card holder of Canara Bank (respondent) and was issued a Cancard-Visa card in 1998. He defaulted on payment...

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Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Acquittal Set Aside Due to Improper Appreciation of Evidence. Dishonour of Cheque for Investment in Business Partnership Attracts Section 138 NI Act Liability Despite Dispute Over Debt Legality.

The appellant, Sheikh Shabbir, filed a criminal appeal against the judgment of the Judicial Magistrate, First Class, Vasco-da-Gama, acquitting the res...