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Supreme Court Allows Appeal in Specific Performance Suit — Sets Aside Review Order Recalling Judgment Due to Non-Filing of Vakalatnama. Service of Notice Held Complete and Arguments Not Collusive, Hence Recall Unjustified Under Order 47 Rule 1 CPC.

The dispute arose from a specific performance suit filed on 15.10.2010 by the appellant, Shree Chaitanya Constructions, against eight defendants. Only...

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Supreme Court Allows Appeal in Easement Rights Dispute Over Pathway — Vendor Cannot Confer Exclusive Right After Prior Grant of Access. Section 48 of Transfer of Property Act, 1882 applied to prioritize earlier right of way over later exclusive grant.

The case involves a dispute over a pathway in Chennai. The original owner, C.L. Rajasekaran, owned a large parcel of land on Mowbrays Road. He sold po...

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Supreme Court Dismisses Appeal in Gift Deed Dispute — Construction of Document of Title Raises Question of Law Under Section 41 of Punjab Court Act. High Court Correctly Held That Entire Land Was Gifted Based on Authenticated Translation and Conduct of Parties.

The dispute concerns half of the land measuring 3 Biswas and 11 Bighas out of Khasra No. 1252 in Dholewal, Ludhiana. Chaman Lal (the original appellan...

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Supreme Court Allows State's Appeal in Ceiling Act Case — Customary Divorce Not Proven, Civil Suit Barred. High Court Erred in Interfering with Concurrent Findings and Ignoring Bar of Jurisdiction Under Section 46 of Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960.

The present appeal arises from a judgment of the High Court of Madhya Pradesh which allowed a second appeal filed by the original plaintiff, Dungaji, ...

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Supreme Court Allows Appeal in Property Dispute, Holds Sale Deed as Absolute Conveyance Not Mortgage. Separate Agreement for Reconveyance Cannot Convert Sale into Mortgage Under Section 58(c) of Transfer of Property Act, 1882.

The dispute arose from a transaction involving agricultural land measuring 6 acres 2 guntas in Survey No.2/A. The plaintiff (respondent) had taken fin...

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Supreme Court Allows Appeal Against Unconditional Stay of Arbitral Award in Favour of State Government. Order XXVII Rule 8A CPC Does Not Mandate Unconditional Stay; Court Must Impose Conditions Under Section 36(3) of Arbitration and Conciliation Act, 1996.

The case arises from a dispute between PAM Developments Private Ltd. (appellant) and the State of West Bengal (respondent) concerning a tender for roa...

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Supreme Court Allows Appeal and Restores Decree for Specific Performance in Property Sale Dispute — Time Not of Essence Due to Reciprocal Promises. Seller's Obligation to Clear Mortgage First Made Time Flexible; Plaintiff's Readiness and Willingness Established by Deposits and Notices.

The appeal arose from a suit for specific performance of an agreement to sell dated 22.09.2002, whereby the defendant agreed to sell suit property to ...

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Supreme Court Allows Appeal in Specific Performance Suit, Sets Aside Ex Parte Decree Subject to Conditions. Litigation Should Be Adjudicated on Merits, Not Terminated by Default Under Order 9 Rule 13 CPC.

The appeal arose from a suit for specific performance and mandatory injunction filed by the respondent (plaintiff) against the appellant (defendant). ...

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Supreme Court Dismisses Appeal in Dargah Land Dispute, Upholds Mutawalis' Right to Possession. Suit for Possession Based on Title Governed by 12-Year Limitation Under Article 65 of Limitation Act, 1963.

The case involves a dispute over agricultural lands situated at village Haregaon, Tq. Ausa, Dist. Latur, claimed by the plaintiffs (respondents herein...