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High Court Sets Aside MACT Order Deleting Insurance Company in Motor Accident Claim -- Premature Deletion Without Evidence Violates Natural Justice -- Reinstatement of Party for Proper Adjudication Under Motor Vehicles Act

The High Court of Bombay at Goa allowed a writ petition challenging an order of the Motor Accidents Claims Tribunal (MACT) that deleted Bajaj Allianz ...

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High Court Dismisses Second Appeal in Land Dispute - Heirs of Appellant Fail to Restore Permanent Injunction Decree - Appellate Court's Modification of Injunction Upheld Under CPC

The High Court dismissed a Second Appeal in a land dispute case where the appellants sought restoration of a Trial Court decree granting permanent inj...

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Supreme Court Reverses High Court Order Permitting Counter-Claim in Property Dispute -- Counter-Claim After Issues Framed and Against Co-Defendant Held Not Maintainable Under CPC

The Supreme Court reversed the High Court of Gujarat's order that permitted defendant no. 2 to amend his written statement and file a counter-claim in...

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Supreme Court Upholds Decree for Specific Performance, Directs Execution of Possession in Favor of Appellants. Collusion Between Vendors and Respondents to Frustrate Decree Cannot Defeat the Fruits of Justice

Specific Performance and Possession – The Supreme Court held that the appellants were entitled to specific performance of the sale agreement and po...

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Supreme Court Restores Eviction Decree Against Tenant — Reaffirms Scope of Second Appeal Jurisdiction

The Apex Court upheld the concurrent findings of the Trial Court and First Appellate Court — Clarified the principles governing the scope of Second ...

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Supreme Court Partly Allows Appeal in Specific Performance Suit – High Court’s Order Setting Aside Ex-Parte Decree Without Proper Jurisdiction Held Unsustainable

Revisional Jurisdiction – Delay Condonation – Restoration of Suit – Independent Legal Remedies The Court held that the remedies of condoning th...

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Dishonour of Cheques — Security Deposit — Refund Conditional Upon Vacant Possession — Conviction Under Section 138 of the Negotiable Instruments Act, 1881 Set Aside

The refund of security deposit was contingent on the respondent handing over vacant possession of the flat. The appellant was entitled to deduct unpa...

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Ex-Parte Decree – Condonation of Delay – Equitable Jurisdiction – Reinstatement of Trial Court’s Order

The Supreme Court allowed the appeal and set aside the High Court’s order, thereby restoring the Trial Court’s decision rejecting the appl...

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Counter-Claim Application Filed at a Belated Stage Rejected — Application for Counter-Claim After Framing of Issues and Recording of Evidence Not Permissible — Exceptional Circumstances Not Established

Counter-claims must generally be filed before the framing of issues; exceptional circumstances allowing later filing were absent in this case. Judici...