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Bombay High Court Dismisses Suit for Specific Performance Due to Non-Compliance with Order VI Rule 17 CPC and Lack of Pleading Readiness and Willingness. Plaintiff failed to amend plaint to incorporate essential facts regarding readiness and willingness to perform contract, leading to dismissal of suit.

The plaintiff, Neeta Sawant, filed a suit for specific performance of an Agreement for Sale dated 30th September 2016, by which the defendants agreed ...

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Supreme Court Dismisses Appeals in Specific Performance Case — Buyer's Readiness and Williness Established. Time Held Not of Essence Due to Seller's Conduct in Accepting Delayed Payments and Continuing Negotiations.

The dispute arose from an agreement for sale of immovable property dated 20th January 2005 between the sellers (appellants in CA 3015/2013) and the bu...

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High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Disturbed. Plaintiff failed to prove title and possession; no substantial question of law under Section 100 CPC.

The present Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) arises from a suit for declaration and injunction filed...

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Bombay High Court Allows MSEDCL Petition Against CGRF Interest Order in Tariff Refund Dispute. Interest on Differential Tariff Amount Not Payable Absent Specific Provision in Regulations or Agreement.

The petitioner, Maharashtra State Electricity Distribution Company Limited (MSEDCL), challenged an order dated 25 January 2018 passed by the Consumer ...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Land Procurement Dispute — Refund of Rs.91 Lakhs Upheld as Petitioner Failed to Prove Land Procurement Under MOU.

The petitioner, Manvel Tuscano, sole proprietor of M/s. Manvel Land Empire, and the respondent, DLF Limited, a real estate developer, entered into a m...

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High Court of Karnataka Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement of Sale Proved by Attesting Witness and Part Performance Established, No Substantial Question of Law Arises Under Section 100 CPC.

The appellant, Muktumhussain Mehaboob Sab Bapunavar, was the fourth defendant in a suit for specific performance of an agreement of sale filed by the ...

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Bombay High Court Allows Writ Petition Challenging CBDT Circular Denying Adjustment of TDS Against Tax Payable Under Voluntary Disclosure Scheme. Circular No. 755 dated 25-07-1997 Held Ultra Vires as It Imposed Restriction Not Found in Finance Act, 1997 or Income Tax Act, 1961.

The petitioner, Earnest Business Services Pvt. Ltd., a company incorporated under the Companies Act, 1956, and its director, filed a writ petition und...

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Bombay High Court Restrains Invocation of Performance Guarantee in Arbitration Dispute — Finds Prima Facie Case of Fraud and Irretrievable Injustice. Section 9 of Arbitration and Conciliation Act, 1996 invoked to protect petitioner's interests pending arbitration.

The petitioner, Larsen & Toubro Limited (L&T), filed an arbitration petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking in...

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Bombay High Court Upholds Cancellation of Agreement of Sale Due to Cheque Dishonour — Defendant Ordered to Vacate Premises on Refund of Advance. Agreement Contained Specific Clause That Dishonour of Cheque Would Result in Cancellation and Vacant Possession.

The case involves a dispute over an agreement of sale for a flat. The plaintiff, Ranjana Rajendra Vadnere, entered into an agreement with the defendan...