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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 Adjudicates Section 34 Petition Against Arbitral Award on Termination and Repudiation of Master Asset Purchase Agreement. Arbitrator's Finding of Repudiation by Purchaser and Direction for Refund of Consideration under MAPA Considered.

The dispute arose from a Master Asset Purchase Agreement (MAPA) dated 31st March 2005 between Siddhivinayak Realties Pvt. Ltd. as purchaser and V Hote...

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Madras High Court Hears Second Appeal in Civil Suit for Declaration and Recovery of Possession. Substantial Questions of Law on Proof of Oral Partition, Title, and Admission of Additional Evidence Considered.

The second appeal arose from concurrent findings dismissing the plaintiff's suit for declaration, mandatory injunction, and recovery of possession. Th...

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Supreme Court Allows Appeal by Defendants in Property Dispute, Reinstating Dismissal of Suit for Lack of Proof of Oral Partition and Will. High Court's Decree Set Aside as Perverse and Beyond Scope of Second Appeal Under Section 100 CPC, with Findings Based on Irrelevant Documentary Evidence.

The dispute involved a property claim by the plaintiffs, who sought a declaration that a sale deed executed by the first defendant in favor of the sec...

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Supreme Court Upholds Return of Plaint in Commercial Dispute Case — Immovable Property Not Used Exclusively in Trade or Commerce. Agreement to Sell and Mortgage Deed Registration Dispute Falls Outside Commercial Courts Act, 2015 as Land Was Not Pled to Be Used for Trade or Commerce.

The appellant, Ambalal Sarabhai Enterprises Ltd., filed a Commercial Civil Suit No. 41/2018 before the Commercial Court at Vadodara seeking enforcemen...

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High Court of Bombay at Nagpur Quashes Rejection of Techno-Commercial Bid in Tender Matter — Petitioner's Bid Rejected Due to Encumbrance on Leased Land, Court Finds Rejection Arbitrary and Directs Reconsideration

The petitioner, Tara Chand Infralogistic Solutions Limited, challenged the rejection of its techno-commercial bid submitted in response to a Notice In...