Search Results for "vendor's obligation"

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Supreme Court Reinstates Criminal Proceedings in Land Fraud Case Under IPC and CrPC. High Court's quashing of FIR set aside as allegations of fraud, forgery, and cheating disclosed cognizable offences requiring investigation, irrespective of civil remedies under Specific Relief Act, 1963.

The Supreme Court heard connected criminal appeals arising from special leave petitions challenging a common judgment of the Karnataka High Court that...

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Bombay High Court Dismisses Appeals in Specific Performance Suit, Upholds Alternative Decree for Damages. Plaintiff's claim for specific performance of flat agreement dismissed due to subsequent sale to bona fide purchaser; alternative decree for damages against original vendor confirmed.

The judgment arises from two appeals against a common decree dated 14.1.2010 passed by the Bombay High Court in Suit No.1642 of 1984. The original pla...

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Gujarat High Court Allows Second Appeal in Mortgage Redemption Case — Concurrent Findings Set Aside for Ignoring Material Evidence and Misreading Documents. Mortgage by Conditional Sale Held Not Extinguished by Mere Delay; Right to Redeem Survives Under Section 60 of Transfer of Property Act, 1882.

The appellant (original plaintiff) filed a suit for redemption of mortgage of a shop in Borsad, Anand. The plaintiff had executed two mortgage by cond...

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Bombay High Court Quashes Summons in Seeds Act Case for Non-Compliance with Mandatory Sampling Procedure. Failure to Give Notice Under Rule 7(1) of Seeds Rules, 1968 Before Drawing Sample Renders Prosecution Invalid.

The petitioners, Vishwas Pandhari Khuje, Rajendra Bhikanrao Deshmukh, and Ramdas Dnyandev Kadam, filed a Criminal Writ Petition before the Bombay High...

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Bombay High Court Restrains Encashment of Bank Guarantee in Arbitration Dispute Between Contractor and Sub-Contractor. Court finds that invocation of bank guarantee was fraudulent and would cause irretrievable injustice to the petitioner.

The petitioner, Simplex Infrastructure Limited, a civil and structural construction company, entered into a sub-contract with respondent No. 1, Siemen...