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Supreme Court Allows Father's Appeal in Child Custody Dispute, Upholds Use of Mediator and Counsellor Reports. Reports of Child Counsellor and Mediator Regarding Child's Behavior and Attitude Are Not Confidential Under Mediation Confidentiality Rules.

The appellant, Perry Kansagra, a Kenyan and British citizen, and the respondent, Smriti Madan Kansagra, an Indian citizen, married on 29 July 2007 in ...

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Supreme Court Dismisses Appeal in Specific Performance Suit for Want of Proof of Readiness and Willingness. Plaintiff Failed to Aver and Prove Continuous Readiness and Willingness Under Section 16(c) of the Specific Relief Act, 1963.

The appellant, Mehboob-ur-Rehman (since deceased, represented by legal representatives), filed a suit for specific performance of an agreement to sell...

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Supreme Court Dismisses Appeal of Lease Claimants in Slum Rehabilitation Dispute — Welfare Legislation Overrides Equitable Rights. High Court's Order Setting Aside HPC Decision and Allowing Redevelopment Upheld as Slum Act Takes Precedence Over Prospective Lessees' Claims.

The Supreme Court dismissed the appeal arising from a slum rehabilitation dispute in Mumbai. The appellants, legal representatives of Lullu Vas, claim...

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Supreme Court Dismisses Appeal in Mortgage Redemption Case — Mortgage Extinguished by Act of Parties Under Section 60 TP Act. The right to redeem was extinguished when the mortgagee assignee received the mortgage amount and delivered possession to the decree-holder, even without formal endorsement.

The appellants, Smt. Gowramma and another, were the original plaintiffs who had mortgaged their land in 1980 to Bangarasetty for Rs. 3,000. In 1982, t...

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Supreme Court Allows Appeal in Specific Performance Suit, Sets Aside Ex-Parte Decree for Non-Appearance Due to Advocates' Boycott and Illness. The Court held that under Order IX Rule 13 CPC, only the date of ex-parte proceedings is relevant for considering sufficient cause, not past conduct.

The Supreme Court allowed the appeal filed by the defendant, A. Murugesan, against the order of the Madras High Court dismissing his civil revision pe...

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Supreme Court Allows Appeal in Section 6 Specific Relief Act Suit — High Court's Revision Under Section 115 CPC Set Aside for Exceeding Jurisdiction. Revisional Power Cannot Be Used to Correct Errors of Fact or Law in Interlocutory Orders.

The dispute arose from a civil suit filed by Respondent No.1 (Shashi Verma) under Section 6 of the Specific Relief Act, 1963, seeking declaration of w...

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Supreme Court Dismisses Lessor's Appeal Against Dismissal of Counterclaim for Eviction and Rent in Lease Dispute — Presidency Small Cause Courts Act, 1882 Section 41 Bars Counterclaim in High Court Original Suit for Specific Performance.

The Supreme Court dismissed appeals by the legal representatives of Mahadev P. Kambekar (original defendant/lessor) against the judgment of the Bombay...

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Supreme Court Allows Appeal and Remands Second Appeal to High Court for Framing Substantial Questions of Law in Specific Performance Suit. Interpretation of Agreement Clauses Constitutes Substantial Question of Law Under Section 100 CPC.

The appellant-plaintiff filed a civil suit for specific performance of contract based on an agreement dated 08.08.1984. The Trial Court decreed the su...

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Supreme Court Upholds Decree for Specific Performance of Agreement to Sell Joint Hindu Family Property by Karta. Readiness and Willingness of Plaintiff to Perform Contract is a Finding of Fact Binding on Appellate Courts.

The Supreme Court dismissed the appeal filed by the defendants (legal representatives of the original defendant No.1 and defendant Nos. 2 and 3) again...