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Bombay High Court Dismisses Appeal for Specific Performance of Contract Due to Non-Compliance with Condition Precedent. Agreement for Sale of Land Reserved for Public Purpose Required Dereservation as Condition Precedent, Which Was Not Fulfilled by Plaintiff.

The appellant-plaintiff, Pooja Katare, through her power of attorney holder, filed a suit for specific performance of an agreement dated 16.05.2010 wi...

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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.

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

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High Court of Judicature at Bombay Rules on Arbitration Petition No.846 of 2014 Under Section 34 of the Arbitration Act. The Court Considers Whether the Arbitral Award Dated 22 March 2014 Should Be Set Aside in Light of Various Share Sale Agreements Between the Parties.

The matter before the High Court of Judicature at Bombay arose from an arbitration petition filed by Haresh Advani under Section 34 of the Arbitration...

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Supreme Court Hears Appeal Against High Court's Reversal of First Appellate Court's Decree for Specific Performance of Agreement for Sale. High Court Had Directed Refund of Earnest Money Instead of Specific Performance, Holding That Appellant Failed to Prove Readiness and Willingness.

The litigation arose from an agreement for sale dated 08.01.2010, whereby the defendants agreed to sell two items of immovable property to the appella...

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Bombay High Court Hears Second Appeal Against Setting Aside of Specific Performance Decree—Expedited Hearing Ordered Despite Adjournment Requests. The appeal, admitted on questions of law, was treated as part-heard and oral judgment delivered after refusal to grant further time.

The High Court of Judicature at Bombay, Bench at Nagpur, heard Second Appeal No. 210/2013 arising from a suit for specific performance of an agreement...

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Bombay High Court Quashes Deficit Stamp Duty Demand on Development Agreement — Agreement Not a Conveyance Under Bombay Stamp Act, 1958. Development Agreement Held Chargeable Under Article 5(ga) at 1% of Consideration, Not Market Value.

The petitioner, M/s. Prasun Developers, challenged orders of the Joint District Registrar and Collector of Stamps, Pune, and the Deputy Inspector Gene...

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Bombay High Court Upholds Tax on Hire Purchase Components Under Bombay Sales Tax Act — Option Money, Insurance, and Hire Premium Included in Sale Price. Hire Purchase Transaction Constitutes a Sale and Resale Deduction Under Section 8 Not Available.

The case involves two sales tax references under the Bombay Sales Tax Act, 1959, arising from the Maharashtra Sales Tax Tribunal. The applicant, M/s. ...

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High Court of Judicature at Bombay Considers Arbitration Petition No. 1070 of 2011 Under Section 45 of the Arbitration and Conciliation Act, 1996. The Petition Seeks Reference to ICC Arbitration in Dubai Pursuant to a Share Purchase Agreement; the Judgment Text is Incomplete.

The matter arose from a Share Purchase Agreement (SPA) dated 10 December 2004 between Welspun Trading Limited (transferor) and Eupec PipeCoatings GmbH...