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Search Results for "specific performance"

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High Court

Bombay High Court Allows Plaintiff's Challenge to Compromise Decree in Suit for Specific Performance — Compromise Not Binding as Plaintiff's Advocate Had No Authority to Enter into Compromise Without Express Consent. The court held that an advocate's implied authority does not extend to compromising a suit without the client's express consent, and the trial court erred in rejecting the plaintiff's application under Order 23 Rule 3 CPC.

20 Jun 2016

The petitioner, Ashok Babulal Agrawal, was the original plaintiff in Special Civil Suit No. 29 of 2011 filed in the Court of Civil Judge, Senior Divis...

High Court

Bombay High Court Dismisses Second Appeal for Specific Performance of Sale of Agricultural Land — Upholds Concurrent Findings of Trial and Appellate Courts. The plaintiff failed to prove readiness and willingness to perform the contract, and the courts below correctly dismissed the suit for specific performance.

8 Jun 2016

The appellant (original plaintiff) filed a suit for specific performance of a contract of sale of 6 acres of agricultural land (Gat No. 69/A) situated...

High Court

Bombay High Court Dismisses Second Appeal in Specific Performance Case Due to Unexplained Delay and Inapplicability of Section 14 of Limitation Act. Delay in filing first appeal against decree cannot be condoned under Section 14 of Limitation Act, 1963 when the appellants were aware of the decree and participated in execution proceedings.

5 May 2016

The case arises from a second appeal filed by the original defendants (appellants) against the judgment and decree dated 16-2-2008 passed by the trial...

High Court

Bombay High Court Dismisses Plaintiff's Suit for Specific Performance of Agreement/MoU and Deed of Assignment Due to Lack of Privity of Contract and Non-Compliance with Stamp Act. The court held that a third party cannot enforce a contract to which it is not a party, and that unregistered and insufficiently stamped documents cannot be admitted in evidence.

6 May 2016

The plaintiff, Excel Enterprises, a partnership firm, filed a suit seeking a declaration that there is a valid and binding Agreement/MoU dated 28th Se...

High Court

Bombay High Court Dismisses Revision Petitions in Suit for Specific Performance and Injunction — Upholds Trial Court's Refusal to Strike Out Pleadings Under Order 6 Rule 16 CPC. Court held that disputed questions of title and possession cannot be decided in summary proceedings under Order 6 Rule 16 CPC and require full trial.

30 Nov -0001

The judgment arises from two civil revision applications filed against an order of the City Civil Court, Mumbai, dated 30th April 2014, which dismisse...

High Court

High Court of Bombay at Goa Dismisses Appeal Against Rejection of Temporary Injunction in Property Dispute — Plaintiffs Failed to Establish Prima Facie Case and Balance of Convenience. The court held that the plaintiffs, who claimed ownership of a property based on a will, did not prove possession or title, and the balance of convenience favored the defendants who were in possession.

23 Mar 2016

The present appeal is preferred by the original plaintiffs against the order dated 20/10/2012 passed by the Civil Judge, Senior Division, A Court, Mar...

High Court

Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sell Not Proved and Possession Not Delivered, Counterclaim for Possession Upheld.

23 Feb 2016

The appellant-plaintiff filed a suit for specific performance of an agreement to sell dated 14.02.1986 in respect of field survey No.77/1 area 1.81 HR...

High Court

Bombay High Court Dismisses Application for Rejection of Plaint in Suit for Specific Performance and Injunction — Held that Plaint Discloses Cause of Action and is Not Barred by Limitation. The court held that the plaint cannot be rejected under Order VII Rule 11 CPC as the suit is within limitation and discloses a cause of action.

16 Jul 2016

The case involves a Notice of Motion filed by Defendant No. 11, Lily Realty Private Limited, in a suit for specific performance and injunction. The pl...

High Court

Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Upholds Concurrent Findings of Readiness and Willingness. Agreement to Sell and Possessory Receipts Established Plaintiff's Continuous Readiness Under Section 16(c) of Specific Relief Act, 1963.

4 Feb 2016

The case involves a second appeal filed by the legal heirs of the original defendant against a decree for specific performance of an agreement to sell...

High Court

Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Upholds Concurrent Findings of Trial and Appellate Courts. Agreement to Sell Dated 1st October 1974 Proved; Appellant as Subsequent Purchaser Not Protected Under Section 19(b) of Specific Relief Act, 1963.

29 Jan 2016

The case involves a second appeal filed by Sadashiv Ramchandra Arve (original defendant no.3) against the judgment and decree dated 2nd December 1992 ...

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