Search Results for "specific performance"

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Search Results for "specific performance"

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High Court

Bombay High Court Dismisses Second Appeal in Suit for Specific Performance of Agreement to Reconvey — Upholds Concurrent Findings of Fact That Agreement Was Not Proved. Court holds that the plaintiffs failed to prove the execution and validity of the agreement to reconvey dated 29.06.1986, and that the suit was barred by limitation under Article 54 of the Limitation Act, 1963.

4 Sep 2015

The appellants (plaintiffs) filed a second appeal challenging the decree of the District Judge-5, Pune, which set aside the trial court's decree in th...

High Court

Bombay High Court Dismisses Petition to Set Aside Arbitral Award in Specific Performance Dispute. Court upholds award rejecting claim for specific performance of agreement to sell immovable property, finding no grounds under Section 34 of Arbitration and Conciliation Act, 1996.

15 Sep 2015

The petitioner, Rajesh V. Choudhary, filed Arbitration Petition No.734 of 2010 under Section 34 of the Arbitration and Conciliation Act, 1996, seeking...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Additional Written Statement in Specific Performance Suit. Court upholds trial court's discretion to reject application filed after 22 years as causing prejudice and delay.

30 Sep 2015

The petitioners, original defendants in Special Civil Suit No.347 of 1991, filed a writ petition challenging the order dated 13/06/2013 passed by the ...

High Court

Bombay High Court Dismisses Appeal Against Interim Injunction in Specific Performance Suit — Prima Facie Case and Balance of Convenience Favour Plaintiff. Agreement to Sell and Earnest Money Payment Established, Injunction Necessary to Prevent Alienation Pending Suit.

14 Aug 2015

The appellant/defendant, Harish Bulchand Tejwani, challenged an interim injunction order passed by the Civil Judge Senior Division, Akola, in Special ...

High Court

Bombay High Court Allows Plaintiff to Exhibit Unregistered Agreement for Specific Performance in Suit for Possession. Document Not Requiring Registration Under Section 49 of Registration Act, 1908 as Possession Not Delivered.

12 Aug 2015

The petitioner, as plaintiff, filed a suit for specific performance of an agreement dated 29-6-2006 and for delivery of vacant possession of the suit ...

High Court

Bombay High Court Dismisses Second Appeal in Suit for Specific Performance — Concurrent Findings of Fact Not Interfered With. Agreement to Sell Not Proved as Plaintiff Failed to Examine Attesting Witnesses and Handwriting Expert Under Section 68 of Evidence Act, 1872.

21 Aug 2015

The case involves a second appeal filed by the original plaintiffs (appellants) against the dismissal of their suit for specific performance of an agr...

High Court

Bombay High Court Allows Second Appeal in Specific Performance Suit for Non-Compliance with Order 41 Rule 31 CPC. Lower Appellate Court's Judgment Set Aside for Failure to Frame Points for Determination, Matter Remanded.

6 Aug 2015

The appellant, Tanaji Krishna Shinde, original defendant No. 2, challenged the judgment and decree passed by the lower appellate court in Regular Civi...

High Court

Bombay High Court Grants Injunction Against Unilateral Price Hike in Flat Purchase Agreement. The court restrained the builder from selling the flat to third parties and from increasing the price, pending suit for specific performance.

12 Aug 2015

The plaintiff, Pius Varghese Pullikottil and another, filed a suit for specific performance of an agreement for the purchase of a flat against Neptune...

High Court

Bombay High Court Allows Appeal Against Refusal of Temporary Injunction in Suit for Specific Performance — Restrains Defendant from Creating Third Party Interest Pending Suit. Part Payment of Rs.10 Lacs Out of Rs.19 Lacs Consideration Under Agreement to Sell Warrants Protection of Property from Alienation Under Order XXXIX Rules 1 and 2 CPC.

1 Jul 2015

The appellant (plaintiff) filed Special Civil Suit No.10 of 2014 seeking specific performance of an agreement to sell a property for a consideration o...

High Court

Bombay High Court Allows Appeal in Specific Performance Suit, Sets Aside Dismissal for Default. Plaintiff's readiness and willingness to perform contract established; defendant's failure to execute sale deed despite receipt of earnest money constitutes breach.

23 Jul 2015

The appeal arises from a suit for specific performance of a contract for sale of a shop. The appellant/plaintiff, Dilip Waghmare, entered into an agre...

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