Search Results for "Performance Deposit"

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Search Results for "Performance Deposit"

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High Court

High Court of Karnataka Hears and Reserves Judgment in Writ Petition Against Order Rejecting Application for Rescission under Section 28(1) of Specific Relief Act, 1963. The Court examined whether the trial court correctly rejected the application as time-barred under Article 59 of the Limitation Act, 1963, and whether the decree holder's deposit of balance consideration without seeking extension of time in a conditional decree for specific performance could defeat the right to rescind.

25 Jul 2025

Background: This writ petition under Article 227 of the Constitution of India was filed by the legal heirs of the original defendant against the order...

Supreme Court

Supreme Court Dismisses Appeal in Specific Performance Suit — Plaintiff Failed to Prove Readiness and Willingness. Time was of the essence in the agreement for sale dated 25.04.2007, and the plaintiff did not demonstrate continuous readiness and willingness to perform his part of the contract.

12 Sep 2019

The appeal arose from a suit for specific performance of an agreement for sale dated 25.04.2007 between the plaintiff (appellant) and the defendant (r...

High Court

Bombay High Court Dismisses Appeal for Specific Performance of Share Sale Agreement — Plaintiff Failed to Prove Readiness and Willingness to Perform Contract. MOU for Sale of Shares Held Not Enforceable as Plaintiff Did Not Show Financial Capacity to Pay Balance Consideration Within Stipulated Time.

22 Dec 2018

The appellants, plaintiffs in the suit, filed an appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment of the trial Court...

High Court

Bombay High Court Partially Allows Arbitration Petitions Challenging Award on Agreement for Sale — Refund Ordered Instead of Specific Performance. The court upheld the arbitral tribunal's refusal to grant specific performance but reduced the interest rate on refund from 8% to 6% per annum under Section 34 of the Arbitration and Conciliation Act, 1996.

23 Mar 2023

The judgment concerns two arbitration petitions arising from a common arbitral award dated 31st March 2022. The dispute originated from a registered a...

Supreme Court

Supreme Court Allows Appeal in Mortgage Suit: High Court Erred in Holding No Mortgage Created Despite Agreement to Deposit Title Deeds. Equitable Mortgage by Deposit of Title Deeds Under Section 58(f) of Transfer of Property Act, 1882 Established Through Agreement and Evidence.

9 Sep 2024

The dispute arose from a loan transaction between the appellant (plaintiff) and the respondent (defendant) in February 1995, where the appellant advan...

Supreme Court

Supreme Court Dismisses Appeals in Specific Performance Case — Buyer's Readiness and Williness Established. Time Held Not of Essence Due to Seller's Conduct in Accepting Delayed Payments and Continuing Negotiations.

21 Nov 2024

The dispute arose from an agreement for sale of immovable property dated 20th January 2005 between the sellers (appellants in CA 3015/2013) and the bu...

High Court

Madras High Court Dismisses Second Appeal in Specific Performance Suit — Upholds Concurrent Findings of Readiness and Willingness. Sale Agreement for Rs.4,75,000 with Rs.75,000 advance; plaintiff always ready and willing; defendant's unilateral rescission invalid.

10 Jan 2025

The case arises from a suit for specific performance of a sale agreement dated May 26, 2006, whereby the plaintiff (first respondent) agreed to purcha...

High Court

Madras High Court Dismisses Appellants' Second Appeal in Specific Performance Suit — Concurrent Findings Upheld Despite Suit Filed on Last Day of Limitation. The court held that delay in filing suit does not bar specific performance if plaintiff is ready and willing, and oral evidence to contradict written agreement is inadmissible under Section 92 of Evidence Act without pleading fraud or mistake.

17 Jul 2026

The appellants, defendants in a suit for specific performance, challenged the concurrent findings of the Trial Court and First Appellate Court which d...

High Court

High Court of Karnataka Allows Appeal for Specific Performance of Sale Agreement — Plaintiff Proved Readiness and Willingness to Perform Contract. The court held that the plaintiff was entitled to specific performance as he had deposited balance consideration and issued notice, satisfying Section 16(c) of Specific Relief Act, 1963.

6 Apr 2022

The appellant/plaintiff filed a suit for specific performance of an agreement of sale dated 12.09.2007 and 20.09.2007 for suit schedule property. The ...

High Court

High Court of Karnataka Dismisses/Allows Appeal in Specific Performance Suit. Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963 Evaluated.

16 Apr 2021

This regular first appeal under Section 96 of the Code of Civil Procedure, 1908 challenged the judgment and decree dated 20.11.2012 passed by the Seni...

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