Search Results for "discretionary relief"

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Supreme Court Allows Appeal in Specific Performance Suit Due to Buyer's Acceptance of Refund During Pendency. Acceptance of Refund of Earnest Money Indicates Lack of Readiness and Willingness, Making Suit Not Maintainable Under Specific Relief Act, 1963.

The dispute arose from a suit for specific performance of an Agreement to Sell dated 25th January 2008, executed between the buyer (Respondent No.1) a...

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Compounding of Offences – Definition of First Offence – Discretion of Tax Authorities.

Income Tax Act, 1961 – Section 276CC – Compounding of Offences – Discretionary Relief – Interpretation of Guidelines – Supreme Court’s Rev...

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"Bombay HC Refuses to Quash FIR in 498-A Case, Cites Judicial Defiance and Prima Facie Evidence" “Compliance with judicial orders and allegations of cruelty under Section 498-A IPC weigh against quashing proceedings under Section 482 Cr.P.C.”

The Bombay High Court dismissed an application seeking quashing of FIR and criminal proceedings under Section 482 Cr.P.C., citing continued non-compli...

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Courts Uphold Eviction Due to Tenant's Rent Arrears. Consistent Rulings Confirm Default on Rent Payments and Affirm Plaintiff’s Right to Possession.

The case centers around a property dispute concerning three rooms and an enclosed platform in Nashik. The plaintiff, Mohamudkhan Kadar Khan Pathan, cl...

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Land Dispute Resolved: Court Upholds Cooperative Societies' Ownership Rights. Court Affirms Validity of 1960 Conveyance, Rejects Claims by Municipal Authorities

The dispute Regarding a 1960 conveyance deed concerning common plots in the Juhu Vile Parle Development (JVPD) scheme between the Bombay Housing Boar...

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Supreme Court Denies Specific Performance; Awards Damages with Interest in Land Sale Dispute. Discretionary Relief Denied Due to False Statements and Lack of Readiness

1. Introduction & Background The Supreme Court of India addressed the appeal filed by the plaintiffs (Major General Darshan Singh's legal heirs) ...

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Supreme Court Allows Tenant's Appeal in Uttar Pradesh Rent Act Case by Reversing Eviction Decree. Tenant Entitled to Protection Under Section 20(4) Despite Claiming Lower Rent Rate as Deposit of Arrears as Demanded Before First Date of Hearing Was Unconditional.

The Supreme Court heard an appeal by a tenant against an eviction decree. The appellant was a tenant against whom a suit for recovery of arrears of re...

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Supreme Court Reinstates Specific Performance Decree in Land Sale Agreement Dispute. Trial Court's Discretion to Enhance Sale Consideration Upheld as Plaintiff Demonstrated Readiness and Willingness Under Specific Relief Act, 1963.

The dispute arose from an agreement to sell dated 07.08.2005, where the defendants agreed to sell land to the plaintiff for Rs. 8,750 per cent, with a...