Search Results for "Buyer's Agreement"

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Search Results for "Buyer's Agreement"

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Tribunals

National Consumer Disputes Redressal Commission Orders Refund to Homebuyer in Vatika India Next Project - Consumer Protection Act Applies to Plot Allotment Despite Arbitration Clause - Deficiency in Service Established for Delayed Possession

23 Jan 2025

The National Consumer Disputes Redressal Commission allowed a consumer complaint filed by Complainant( s) against Opp.Party(s) for deficiency in servi...

High Court

High Court of Karnataka Allows Appeal in Specific Performance Suit — Rejects Trial Court's Dismissal of Temporary Injunction. Agreement of Sale for Rs.10.75 Crore with Rs.5 Crore Advance — Prima Facie Case and Balance of Convenience in Favor of Plaintiff-Appellant.

23 Nov 2024

The appellant, M/s. Sanjeevini Developers and others, filed a miscellaneous first appeal under Order 43 Rule 1(r) of the Code of Civil Procedure, 1908...

High Court

High Court of Karnataka Allows Appeal in Specific Performance Suit — Interim Injunction Granted to Protect Possession Pending Trial. Agreement of Sale for Rs.10.75 Crore with Part Payment of Rs.3.25 Crore — Trial Court Erred in Rejecting Injunction Without Considering Prima Facie Case and Balance of Convenience.

23 Nov 2024

The appeal arises from an order dated 01.06.2022 passed by the III Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru, rejecting I.A.N...

High Court

Bombay High Court Dismisses Petition Challenging Deemed Conveyance Order Under MOFA — Competent Authority Can Consider Property Register Card and Area Certificate Beyond Agreement Schedule. Court holds that the Competent Authority under Section 11 of MOFA is not strictly confined to the area mentioned in the Section 4 agreement and can rely on property records and architect's certificate to determine the actual area to be conveyed.

27 Aug 2024

The petitioners, original owners of land comprising plot nos. 3, 4, 5, and 6 at Village Valnai, Marve Road, Malad (West), Mumbai, challenged the order...

High Court

Bombay High Court Dismisses Developer's Appeal Against Arbitrator's Refusal of Interim Relief in Development Dispute. Court upholds arbitrator's discretion under Section 17 of Arbitration and Conciliation Act, 1996, finding no patent illegality or perversity in order denying interim injunction to developer under Development Agreement dated 3/2/2018.

5 Apr 2023

The petitioner, M/s Viraj Kamman Real Estate Developers Pvt Ltd, a real estate development company, entered into a Development Agreement dated 3/2/201...

High Court

Bombay High Court Partially Sets Aside Arbitral Award in International Commercial Arbitration for Violation of Natural Justice and Patent Illegality. The court found that the arbitrator relied on unproved documents and denied adequate opportunity to the petitioner, warranting setting aside of the award under Section 34 of the Arbitration and Conciliation Act, 1996.

13 Jan 2023

The petitioner, Thomas Cook (India) Limited, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging an arbitral a...

High Court

Bombay High Court Grants Unconditional Leave to Defend in Commercial Summary Suit for Recovery of Goods Sold — Triable Issues Raised Regarding Quality and Rejection of Goods. The court held that where the defendant raises a triable issue, unconditional leave to defend must be granted, and the plaintiff cannot obtain a decree without trial.

13 Oct 2017

The plaintiff, Shree Pushkar Chemicals & Fertilizers Ltd., filed a Commercial Summary Suit against the defendant, Huntsman (International) India Pvt. ...

High Court

Bombay High Court Dismisses Developer's Interim Application in Development Agreement Dispute — Prima Facie Case Not Made Out as Agreement Was Terminated for Non-Performance. Specific Performance Claim Requires Trial; No Irreparable Loss Shown.

19 Nov 2012

The Plaintiffs, Shantilal J. Shah and others, filed a suit seeking a declaration that a Development Agreement dated 25th September 2007 and an Irrevoc...

High Court

Bombay High Court Dismisses Revenue's Appeal in Income Tax Case — Contract for Manufacture of Pharmaceutical Products Held to be Sale, Not Works Contract Under Section 194C of Income Tax Act, 1961. The court upheld the ITAT's decision that the agreement between the assessee and the manufacturer was a contract for sale of goods, as property passed only on delivery and the agreement was on a principal-to-principal basis.

12 Mar 2010

The appeal by the Revenue under Section 260A of the Income Tax Act, 1961 challenged the order of the Income Tax Appellate Tribunal (ITAT) which held t...

High Court

Bombay High Court Answers Reference Against Assessee in Sales Tax Case — Delivery Orders Not Documents of Title. Delivery orders issued by bankers against airways bills are not documents of title to goods and are not negotiable under section 2(4) of the Sale of Goods Act, 1930.

22 Jul 2005

The judgment involves multiple Sales Tax References under the Bombay Sales Tax Act, 1959, where the common question of law was whether delivery orders...

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