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Bombay High Court Dismisses Builder's Suit for Specific Performance and Damages in Construction Contract Dispute. Termination of Agreement Upheld as Another Contractor Completed the Buildings, Making Specific Performance Impossible.

The plaintiff, M/s. Gurudev Developers, a partnership firm, filed a suit against the defendant, Kurla Konkan Niwas CHS Ltd., seeking specific performa...

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WRIT PETITION NO. 1723 OF 2020

The dispute arose from a tender floated by respondent no.1 MIHAN India Ltd. for up-gradation, modernization, operation and management of Dr. Babasaheb...

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NOTICE OF MOTION NO. 443 OF 2012

The matter arises out of Suit No. 1512 of 2009 before the Bombay High Court, filed by Shapoorji Pallonji & Company Ltd. against Jignesh Shah, Aruna Sh...

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Bombay High Court Allows Specific Performance of Sale Agreement in Second Appeal — Upholds First Appellate Court's Decree for Execution of Sale Deed. Agreement for Sale of Agricultural Land for Rs.80,000 with Rs.60,000 Earnest Money Held Genuine and Enforceable.

The present second appeal arises from a suit for specific performance of an agreement of sale. The plaintiff (respondent) and defendant (appellant) en...

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Bombay High Court Dismisses Revision Against Rejection of Plaint in Suit for Injunction Regarding Performance of Pooja — Civil Court Has Jurisdiction to Try Suit Relating to Private Civil Rights of Shebait Despite Trust Act Provisions.

The petitioner, original defendant No.1 (Shri Datta Deosthan Trust), filed a Civil Revision Application under Section 115 CPC challenging the order da...

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Bombay High Court Dismisses Appeal Against Injunction in Specific Performance Suit — Balance of Convenience Favors Plaintiff. Trial Court's Order Restraining Defendant from Creating Third Party Interest Upheld as Plaintiff Established Prima Facie Case and Irreparable Loss.

The appellant, Smt. Manisha Kode, challenged an order dated 24.01.2023 passed by the Civil Judge Senior Division, Aurangabad in Special Civil Suit No....

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High Court of Karnataka Allows Appeal in Specific Performance Suit — Agreement to Sell Not Proved, Limitation Barred Suit. Plaintiff failed to prove execution of agreement and payment of earnest money; suit filed beyond three years from date of refusal.

The present Regular First Appeal arises from a judgment and decree dated 03.08.2022 passed by the Principal Senior Civil Judge and CJM, Dharwad, in O....