Search Results for "specific performance"

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Search Results for "specific performance"

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High Court

Bombay High Court Sets Aside Exparte Decree in Specific Performance Suit Due to Non-Compliance with Order V Rule 20 CPC for Substituted Service. The court held that the trial court must record satisfaction that ordinary service is not possible before ordering substituted service, and failure to do so renders the exparte decree a nullity.

7 Jul 2015

The appellant/defendant, Janglu son of late Damdu Durge, appealed against the judgment and decree dated 13th June 2014 passed by the trial court in Sp...

High Court

Bombay High Court Allows Appeal Against Revision of Interim Injunction in Specific Performance Suit — Agreement Holder's Right to Protect Suit Property Upheld. The court restored status quo ante to prevent alienation of suit property pending final adjudication of the specific performance claim.

28 Jul 2015

The appellant/plaintiff filed a suit for specific performance of an agreement to sell agricultural land dated 18.10.2000, modified on 27.2.2007, for a...

High Court

Bombay High Court Allows Second Appeal in Specific Performance Suit, Sets Aside Appellate Decree for Non-Compliance with Order 41 Rule 31 CPC. Failure to Frame Points for Determination and Provide Independent Reasoning Renders Appellate Judgment Unsustainable.

2 Jul 2015

The appellant-plaintiff filed Special Civil Suit No. 115 of 1988 seeking specific performance of an agreement to sell agricultural land. The trial cou...

High Court

Bombay High Court Allows Writ Petition Challenging Condonation of Delay in Restoration Application. Delay Cannot Be Condoned Without Proper Application and Sufficient Cause Under Section 5 of Limitation Act, 1963.

30 Jun 2015

The petitioner, Rajendra Namdeorao Akre, filed a writ petition challenging an order dated 11.09.2014 passed by the trial court in Misc. Civil Applicat...

High Court

Bombay High Court Allows Appeal Against Refusal of Interim Injunction in Specific Performance Suit — Agreement Holder with Substantial Payment and Possession Entitled to Protection. Prima Facie Case Established Under Order 39 Rules 1 and 2 CPC for Injunction to Maintain Status Quo Pending Trial.

30 Jun 2015

The appellant, M/s. Heera Laxmi Contractors Pvt. Ltd., filed a suit for specific performance of an agreement to sell agricultural land and for permane...

High Court

Bombay High Court Grants Judgment on Admission in Favor of Plaintiff in Redevelopment Dispute — Developer Admits Entitlement to Alternate Flat. Court holds that admission of claim for specific performance entitles plaintiff to judgment on admission under Order XII Rule 6 CPC, and additional FSI benefits under DC Rules 1991 are to be shared equally as per agreement.

15 Jun 2015

The plaintiff, a member of defendant No.2 society, filed a suit against defendant No.1 developer and defendant No.2 society seeking entitlement to fla...

High Court

Bombay High Court Dismisses Suit for Specific Performance of Unsigned MOU for Flat Purchase. Contract Not Concluded as Essential Terms Were Not Finalized and MOU Remained Unsigned.

9 Jun 2015

The plaintiffs, Rohit A. Kapadia and Sandhya R. Kapadia, filed a suit against the defendant, Perviz J. Modi, seeking specific performance of an allege...

High Court

Bombay High Court Dismisses Plaintiff's Suit for Specific Performance of Development Agreement — Plaintiff Failed to Show Readiness and Willingness. The court held that the supplementary agreement dated 17th March 2011 bound the parties and the plaintiff did not perform his obligations under the Specific Relief Act, 1963.

15 Jun 2015

The plaintiff, Sarabjeet Singh Gopal Singh Baweja, owned a plot of land that was tenanted. He entered into an initial development agreement on 17th Ma...

High Court

Bombay High Court Dismisses Appeal Against Refusal of Interim Injunction in Development Agreement Dispute. Court holds that plaintiff failed to establish prima facie case and balance of convenience for injunction restraining defendant from dealing with property.

23 Apr 2015

The appellant, M/s Gandhi Builders & Developers, filed a suit for specific performance of a development agreement dated 26-11-2007 with the predecesso...

High Court

Bombay High Court Dismisses Employee's Suit for Wrongful Termination - Acceptance of Severance Package Bars Challenge. Contract of Employment Not Specifically Enforceable Under Specific Relief Act, 1963.

15 Apr 2015

The plaintiff, Shanker Basu, was employed as head of corporate division of KBC Bank N.V. under a contract dated 19th June 2000. His services were term...

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