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High Court of Karnataka Hears Regular First Appeal Challenging Decree for Specific Performance of Sale Agreement — Appellants Argue Time Was Essence of Contract and Plaintiff Defaulted on Payment. The Court Frames Issues on Time Essence and Plaintiff's Continuous Readiness and Willingness to Perform.

The case arose from a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, filed against the judgment and decree dated 25.04.20...

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Bombay High Court Considers Limitation Plea in Suit Alleging Fraud and Late Delivery of Goods Shipped Under Bill of Lading. Defendants Seek Dismissal of Suit on Grounds of One-Year Limitation Period Under Article III(6) of the Carriage of Goods by Sea Act, 1925.

(1) Background: The plaintiff, a Korean company, entered into a contract with Indian exporters for the purchase of cold rolled steel sheets to be ship...

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Madras High Court Allows Appeal in Contract for Sale of Goods Case — Supplier Failed to Prove Delivery of Machinery. Specific Performance of Contract for Supply of Hydraulic Press Cannot Be Granted Without Proof of Delivery and Acceptance Under Sale of Goods Act, 1930.

The appellant/defendant, M/s. Sri Ranganathar Industries Private Limited, appealed against the judgment and decree of the IV Additional District and S...

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Bombay High Court Dismisses Suit Against Carrier for Short Delivery of Goods Due to Lack of Privity of Contract and Limitation. Bill of Lading Holder Cannot Sue Carrier When Goods Were Delivered to Consignee Without Endorsement of Original Bill of Lading.

The plaintiff, M/s. J. Harkishandas & Co., a partnership firm, filed a suit against the first defendant, Lloyd Triestino, a foreign shipping company, ...

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Bombay High Court Pronounced Judgment in Writ Petition Lodging No. 3069 of 2018 Regarding Withdrawal of Electric Bus Contract. Dispute Involved Whether BEST Could Withdraw Contract Work Order Based on Note that Acceptance Was Subject to DHI Incentive Approval.

The present writ petition under Article 226 of the Constitution of India was filed by Olectra Greentec Limited (formerly Goldstone Infratech Limited) ...

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Bombay High Court Upholds Tribunal's Finding of Export Sale Under Section 5(1) Central Sales Tax Act, 1956 — Sale Completed by Transfer of Documents After Goods Crossed Customs Frontiers. Letter Dated 16/7/1971 Did Not Alter Original Contract Terms; Sale Held in Course of Export.

The case involves a sales tax reference under Section 61(1) of the Bombay Sales Tax Act, 1959, at the instance of the Commissioner of Sales Tax, Mahar...

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High Court of Karnataka Dismisses Writ Petition Challenging Trial Court Order on Stamp Duty in Specific Performance Suit. Agreement for Sale Recognized Prior Possession, Thus Stamp Duty Payable Under Article 5(e)(ii) of Karnataka Stamp Act, 1957, Not as Conveyance Under Article 5(e)(i).

The dispute originated from a suit for specific performance of an agreement dated 23.06.2018 filed by respondent No.1 against the petitioner and other...