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Madras High Court Allows Appeal in Specific Performance Suit — Plaintiff Proves Readiness and Willingness. Agreement to Sell Dated 24.05.2002 for Rs.5,50,000 with Rs.5,00,000 Advance — Defendants Failed to Execute Sale Deed Despite Notice.

The appellant/plaintiff filed a suit for specific performance of a sale agreement dated 24.05.2002, wherein the defendants agreed to sell suit propert...

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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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Madras High Court Dismisses Second Appeal in Specific Performance Suit — Upholds Concurrent Findings on Readiness and Willingness. Agreement of Sale with Possession and Part Payment Enforced Against Subsequent Purchaser Under Section 16(c) of Specific Relief Act, 1963.

The second appeal arises from a suit for specific performance of a sale agreement dated 15.7.1987 between the plaintiff (first respondent) and the fir...

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Bombay High Court Dismisses Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sell Agricultural Land Enforced as Plaintiff Proved Readiness and Willingness to Perform Contract.

The respondent-plaintiff Shankar Sonaji Shingne filed a suit for specific performance of an agreement to sell 18 acres of agricultural land owned by t...

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Bombay High Court Dismisses Second Appeals in Specific Performance Suit, Upholds Concurrent Findings of Readiness and Willingness. Agreement to Sell for Agricultural Land Held Valid and Enforceable Despite Non-Registration of Power of Attorney.

The case involves two second appeals arising from a suit for specific performance of an agreement to sell agricultural land. The plaintiff, Hiren Veni...

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Supreme Court Allows Appeal in Specific Performance Suit, Restores Trial Court's Decree for Money Recovery Instead of Specific Performance. The High Court erred in granting specific performance as the transaction was found to be a loan with collateral security under the Specific Relief Act, 1963.

The Supreme Court allowed the appeal by the subsequent purchasers (appellants) against the High Court's decree granting specific performance of an agr...

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Bombay High Court Dismisses Petition Challenging Tender Award for Rabies Vaccine Supply — Performance Certificate Not in Prescribed Proforma but Substantially Compliant. Condition Held Directory, Not Mandatory; No Interference in Tender Award Absent Arbitrariness.

The petitioner, Bharat Biotech International Ltd, challenged the grant of a tender for supply of rabies vaccine by the Municipal Corporation of Greate...

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Bombay High Court Dismisses Notice of Motion for Interim Relief in Specific Performance Suit Due to Non-Compliance with Order XXXIX Rule 3 CPC. Plaintiffs Failed to Make Out Prima Facie Case for Appointment of Receiver or Injunction.

The plaintiffs, M/s. Pride Associates and others, filed a suit for specific performance of an Agreement for Sale dated 4th June 2005 for a property in...

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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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Bombay High Court Dismisses Petition Challenging Tender Award for Rabies Vaccine Supply. Performance Certificate Not in Prescribed Proforma Held Directory, Not Mandatory, as Substantial Compliance and Public Interest Justify Award.

The petitioners, Bharat Biotech International Ltd, challenged the grant of a contract by the Municipal Corporation of Greater Mumbai (MCGM) for the su...