Search Results for "voidable deed"

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Bombay High Court Dismisses Developer's Challenge to Deemed Conveyance in Favor ...
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Search Results for "voidable deed"

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Supreme Court

Supreme Court Allows Appeal in Property Dispute, Reverses High Court's Dismissal of Second Appeal Under Section 100 CPC. The High Court's failure to frame a substantial question of law as required under Section 100 of the Code of Civil Procedure, 1908, rendered its judgment unsustainable, leading to remand for fresh consideration.

23 Apr 2025

The appeal arose from a property dispute involving cancellation of sale deeds, recovery of possession, and injunction. The appellants, second to fifth...

Supreme Court

Supreme Court Allows Appeal of Subsequent Purchasers in Specific Performance Suit — Agreement for Sale Held Sham and Not Intended to Be Acted Upon. Evidence Act Sections 91 and 92 Do Not Bar Proof of Sham Transaction; Subsequent Purchasers Are Bona Fide Purchasers Without Notice.

9 Jul 2024

The appeal arose from a suit for specific performance of an agreement for sale dated 7th December 1981 executed by the first defendant in favour of th...

High Court

Bombay High Court Dismisses Airport Authority's Appeal Against Refusal of Injunction in Lease Dispute with Hotel Company. Court holds that a lessor cannot restrain lessee from creating third-party rights in assets or shareholding without a contractual bar, and that the lessee's use of FSI from one plot for construction on another does not constitute breach of lease terms.

18 Oct 2019

The appellant, Airport Authority of India (AAI), a statutory authority under the Airports Authority of India Act, 1994, filed an appeal against an ord...

High Court

Bombay High Court Dismisses Suit for Declaration and Injunction in Share Dispute Due to Limitation and Lack of Urgency. Plaintiff's claim for declaration of share ownership and rectification of register barred by limitation under Article 58 of Limitation Act, 1963 as cause of action arose in 1998 but suit filed in 2008.

16 Mar 2017

The plaintiff, Messer Holdings Limited, a company incorporated in British Virgin Islands, filed a suit in 2008 seeking a declaration that it is the ow...

High Court

Karnataka High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sell Not Proved as Plaintiff Failed to Establish Readiness and Willingness to Perform Contract.

2 Sep 2015

The appellant, Annarao, filed a suit for specific performance of an agreement to sell dated 28.08.1986, allegedly executed by the respondent, Gopal Ra...

High Court

High Court of Karnataka Quashes Compromise Decree in Civil Suit Due to Fraud and Non-Compliance with Order XXIII Rule 3 CPC — Suit Restored for Hearing on Merits. The court held that a compromise decree obtained without a written and signed compromise and without the court recording satisfaction about its lawfulness is illegal and liable to be set aside under Order XXIII Rule 3 of the Code of Civil Procedure, 1908.

9 Jun 2015

The petitioner, Kasturevva, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Dharwa...

High Court

High Court of Karnataka Dismisses Appeal in Suit for Specific Performance and Injunction — Concurrent Findings of Fact Not Interfered With. Court holds that a second appeal under Section 100 CPC is not maintainable against concurrent findings of fact unless substantial question of law arises.

12 Mar 2015

The appellant, Mr. Jagadish Poonja, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decre...

High Court

High Court of Karnataka Dismisses Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Court upholds trial court's refusal to decree specific performance of agreement to sell, finding plaintiff failed to prove readiness and willingness to perform contract under Section 16(c) of Specific Relief Act, 1963.

12 Mar 2015

The appellant, Mr. Jagadish Poonja, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decre...

High Court

High Court of Karnataka Dismisses Appeal in Specific Performance Suit — Appellant Fails to Prove Agreement to Sell. Trial court's finding that no agreement was executed and no advance paid upheld; appeal dismissed with costs.

12 Mar 2015

The appellant, Mr. Jagadish Poonja, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decre...

High Court

Bombay High Court Dismisses Application to Rescind Consent Decree and Allows Substitution of Legal Heirs in Recovery Suit. Consent Terms Are Binding Contract; Legal Representatives Can Be Substituted Under Order 22 CPC for Execution of Decree.

29 Oct 2013

The plaintiffs filed a suit (Suit No.2011 of 2002) against the defendants for recovery of Rs.3,30,00,000 with interest. On 3rd October 2006, the parti...

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