Search Results for "Execution Proceedings"

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Supreme Court Allows Appeal in NHAI Contract Dispute — BOQ Rate Applies to Increased Quantity Without Design Change. Variation Clause 52.2 Not Attracted Where Quantity Increase Due to Employer's Erroneous Estimate, Not Engineer's Instruction or Design Change.

The dispute arose out of a contract awarded by the National Highways Authority of India (NHAI) to Somdatt Builders-NCC-NEC(JV) for four-laning of a hi...

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Bombay High Court Grants Interim Relief to Developer in Redevelopment Dispute — Restrains Cooperative Society from Terminating Letter of Intent Pending Arbitration. Termination of Development Agreement Found Prima Facie Invalid Under Section 9 of Arbitration & Conciliation Act, 1996.

The petitioner, Kalpataru Ltd, a real estate development company, filed a petition under Section 9 of the Arbitration & Conciliation Act, 1996, seekin...

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Bombay High Court Allows Marking of Will in Testamentary Suit Despite Disputed Execution. Court holds that attesting witness's affidavit and oral evidence sufficiently prove due execution under Section 63 of the Indian Succession Act, 1925.

The matter pertains to Testamentary Suit No. 46 of 1997 arising out of Testamentary Petition No. 308 of 1997 concerning the estate of Raju Muthaya She...

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Bombay High Court Allows Second Appeal in Property Dispute — Restores Trial Court's Decree of Declaration of Ownership and Injunction. First Appellate Court's Reversal Set Aside for Improper Appreciation of Evidence Under Section 100 of Code of Civil Procedure, 1908.

The case involves a second appeal filed by the original defendants (appellants) against the judgment and decree of the first appellate court, which re...

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Madras High Court Dismisses Appeal for Specific Performance, Upholds Counterclaim for Possession. Plaintiffs failed to prove readiness and willingness to perform sale agreement within reasonable time under Specific Relief Act, 1963.

The appellants, B.Kannan and K.Tamijarassy, were the plaintiffs in a suit for specific performance of an agreement of sale dated 12.07.2006, filed aga...