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Supreme Court Allows Vendor's Appeal, Dismisses Vendee's Suit for Specific Performance Due to Non-Payment of Rent. Payment of Customary Rent Held an Essential Term of Contract, Non-Performance Bars Discretionary Relief Under Section 16(c) of Specific Relief Act, 1963.

The case involves an agreement to sell dated 13.05.1964 between Mohinder Kaur (vendor) and Bahadur Singh (vendee) for sale of land for Rs.5605/-, with...

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Bombay High Court Allows Interim Application Seeking Ratification of Sale Under Section 536(2) of Companies Act, 1956 — Court Ratifies Sale of Property by Company in Liquidation to Bona Fide Purchaser for Value Without Notice of Winding Up Petition.

The Bombay High Court allowed an interim application filed by the applicant seeking a declaration that the sale agreement dated 5th September 2007 was...

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Supreme Court Upholds Decree of Specific Performance in Land Sale Agreement Case. Concurrent Findings of Fact Establish Genuine Agreement to Sell with Full Consideration and Possession, No Discretion to Refuse Specific Performance Under Section 20(2)(c) of Specific Relief Act, 1963.

The original appellant, Leeladhar, entered into a registered agreement to sell 18 bighas of land to Deshraj for Rs.40,000 on 15.02.1985, receiving Rs....

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Supreme Court Allows Appeal in Specific Performance Case — Time Was Essence of Contract; Forfeiture of Earnest Money Upheld. Breach by Buyer in Agreements to Sell Land in Gurgaon Leads to Dismissal of Suit for Specific Performance and Refund of Earnest Money.

The case involves a dispute over two agreements to sell agricultural land in Gurgaon, executed on 17.02.2004, between the appellants (sellers) and the...

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High Court of Bombay at Nagpur Examines Executability of Compromise Decree in Eviction Suit under Maharashtra Rent Control Act. The court considers whether a compromise that does not refer to specific eviction grounds creates a fresh tenancy requiring new proceedings.

The respondent-landlord filed a suit against the petitioner-tenants seeking eviction under Section 16(1)(e)(ii) and (g) of the Maharashtra Rent Contro...

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Bombay High Court Upholds Arbitral Award in Derivative Transaction Dispute Based on Signed ISDA Agreement. Court Finds No Ground to Interfere Under Section 34 of Arbitration Act as Arbitrator's Findings on Enforceability Are Reasonable.

The dispute arose from two foreign exchange derivative transactions entered into between Sporting India Limited (the Petitioner) and HDFC Bank Limited...