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

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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NOTICE OF MOTION NO. 443 OF 2012

The matter arises out of Suit No. 1512 of 2009 before the Bombay High Court, filed by Shapoorji Pallonji & Company Ltd. against Jignesh Shah, Aruna Sh...

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Bombay High Court Dismisses Appeal in Specific Performance Suit — No Concluded Contract Found. Tender Conditions Required Execution of Formal Agreement, Which Never Occurred.

The appellant, Kalpataru Properties Pvt. Ltd., filed a suit for specific performance against respondent No.1, Majithia Nagar Co-operative Housing Soci...

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Bombay High Court Allows Second Appeal in Specific Performance Suit — Agreement to Repurchase Not Enforceable. Receipt for Reconveyance Does Not Constitute a Valid Contract for Sale Under Section 54 of Transfer of Property Act, 1882, and Suit Barred by Limitation.

The dispute pertains to a suit for specific performance of an alleged agreement to repurchase suit land. The plaintiff, Dattu Kadu Aher, originally mo...

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Bombay High Court Upholds Specific Performance of Unregistered Agreement Under MOFA — Loan Defence Rejected. Agreement for sale under Maharashtra Ownership Flats Act, 1963 is enforceable despite non-registration.

The plaintiffs, shop purchasers, filed a suit for specific performance of an unregistered agreement for sale dated 31.8.1991 against the defendant dev...

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Madras High Court Dismisses Appeal for Specific Performance, Upholds Counterclaim for Possession. Plaintiffs failed to prove readiness and willingness to perform sale agreement within reasonable time under Specific Relief Act, 1963.

The appellants, B.Kannan and K.Tamijarassy, were the plaintiffs in a suit for specific performance of an agreement of sale dated 12.07.2006, filed aga...

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Bombay High Court Dismisses Appeal Against Arbitral Tribunal's Interim Order in Bank Guarantee Dispute. Court upholds restraint on encashment of bank guarantee subject to deposit of amount, finding no perversity in the Tribunal's order under Section 37 of the Arbitration and Conciliation Act, 1996.

The petitioner, Mahaguj Collieries Limited, filed two arbitration petitions under Section 37 of the Arbitration and Conciliation Act, 1996, challengin...

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COMMERCIAL ARBITRATION PETITION NO. 350 OF 2017

The case concerns two petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award dated 14 February ...