Search Results for "Original Vendee"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "Original Vendee"

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High Court

Bombay High Court Allows Second Appeal in Specific Performance Suit, Sets Aside Concurrent Findings for Failure to Prove Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963. The court held that mere production of a cheque during evidence without other proof does not satisfy the requirement of readiness and willingness, and a plaintiff claiming additional payment beyond the agreement must prove it.

30 Sep 2022

The case involves a second appeal arising from a suit for specific performance of an agreement to sell. The appellant, original defendant no.1, challe...

Supreme Court

Supreme Court Allows Appeal in Civil Suit on Limitation Grounds, Setting Aside Plaint Rejection. Suit for Declaration of Sale Deed as Void Not Barred by Limitation as Fraud Allegations Under Section 17 of Limitation Act, 1963 Require Factual Inquiry, Making Preliminary Issue Determination Improper Under Order VII Rule 11(d) and Order XIV Rule 2 of Code of Civil Procedure, 1908.

28 Mar 2022

The dispute originated from a civil suit filed by the plaintiff seeking multiple declarations regarding property rights. The plaintiff claimed that a ...

High Court

Bombay High Court Dismisses Appeal for Specific Performance of Agreement to Sell, Upholds Refund of Earnest Money. Court finds that the plaintiff failed to prove readiness and willingness to perform its part of the contract under Section 16(c) of the Specific Relief Act, 1963.

29 Apr 2021

The appellant, M/s. Dreams Construction Private Limited, filed a suit for specific performance of an agreement to sell a land admeasuring 1 Hector and...

Supreme Court

Supreme Court Dismisses Appeal in Karnataka SC/ST Land Transfer Case — Transfer After Prohibition Period Requires Prior Permission Under Section 4 of Karnataka SC/ST (Prohibition of Transfer of Certain Lands) Act, 1978. Forged Permission Documents and Cash Payments Render Sale Deeds Void; Restoration to Original Grantees Upheld.

30 Apr 2019

The case pertains to the validity of transfers of granted lands made by members of the Scheduled Caste and Scheduled Tribe community to the appellant....

High Court

Bombay High Court Dismisses Civil Revision Application in Rent Control Dispute — Lease Deed Not Required to Be Registered Under Section 107 of Transfer of Property Act, 1882 for Monthly Tenancy. Tenant's Possession Held to Be Lawful Under Agreement of Lease, Not Liable for Eviction.

5 Apr 2019

The plaintiff, Mahendra Valji Rathod, filed a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908, challenging the judgm...

High Court

Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Upholds Concurrent Findings of Readiness and Willingness. Agreement to Sell for Shop Premises Enforced as Plaintiff Proved Continuous Readiness and Defendants Failed to Execute Sale Deed Despite Receiving Earnest Money.

2 Sep 2015

The respondent (original plaintiff) filed Special Civil Suit No.136 of 1987 for specific performance of an agreement to sell dated 19.7.1987, whereby ...

High Court

Bombay High Court Revokes Leave Under Clause XII of Letters Patent in Suit for Specific Performance of Agreement for Sale of Land Situated Outside Jurisdiction. The court held that a suit seeking declaration of invalidity of a sale deed in respect of immovable property situated outside the court's jurisdiction is a suit for land, and leave granted under Clause XII of the Letters Patent must be revoked.

6 Jan 2015

The plaintiff filed a suit for specific performance of an agreement for sale dated 2 February 1990 executed by Dr. Ceasar M. Fernandes and others in r...

High Court

Bombay High Court Allows Second Appeal in Property Dispute — Restores Trial Court's Decree of Declaration of Ownership and Injunction. First Appellate Court's Reversal Set Aside for Improper Appreciation of Evidence Under Section 100 of Code of Civil Procedure, 1908.

30 Nov -0001

The case involves a second appeal filed by the original defendants (appellants) against the judgment and decree of the first appellate court, which re...

High Court

Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. Court holds that no substantial question of law arises under Section 100 CPC when findings are based on appreciation of evidence and not perverse.

30 Nov -0001

The case involves a property dispute between the appellants (original defendants) and the respondents (original plaintiffs) concerning land in Village...

High Court

Bombay High Court Allows Second Appeal in Property Suit, Sets Aside Concurrent Findings of Courts Below. Court Holds That Plaintiffs Failed to Prove Title and Possession Over Suit Property, and That the Trial Court Erred in Decreeing the Suit Without Proper Consideration of Evidence.

30 Nov -0001

The case involves a property dispute between the appellants (original defendants) and the respondents (original plaintiffs) over agricultural land. Th...

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