Search Results for "specific performance"

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Search Results for "specific performance"

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High Court

Bombay High Court Dismisses Appeal in Specific Performance Suit, Upholds Trial Court's Finding of Loan Transaction Instead of Sale Agreement. Agreement to sell held to be a security for loan, not a genuine sale agreement, and plaintiff failed to prove readiness and willingness to perform contract.

10 Feb 2015

The petitioner, Smt. Shobha Janardhan Masram, filed a civil suit for specific performance of an agreement to sell dated 25-11-1994, claiming that the ...

High Court

Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Binding. Court holds that first appellate court's reversal of trial court's decree was based on evidence and not perverse under Section 100 CPC.

10 Feb 2015

The appellant, original defendant, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment of the first...

High Court

High Court of Bombay Allows Amendment in Appeal Memo in Specific Performance Suit — Petitioner Granted Opportunity to Amend Despite Delay. Amendment of pleadings under Order VI Rule 17 CPC should be liberally allowed before trial to determine real controversy, and rejection on ground of delay is not justified if no prejudice is caused.

16 Feb 2015

The petitioner, Shamrao Balwantrao Kedar, filed a writ petition challenging the order dated 8-10-2014 passed by the Learned District Judge-4, Nashik, ...

High Court

Bombay High Court Dismisses Appeal for Specific Performance of Agreement for Sale of Immovable Property — No Concluded Contract Found. Agreement for Sale Not Established as Essential Terms Were Not Finalized and No Written Contract Executed Under Section 54 of Transfer of Property Act, 1882.

22 Jan 2015

The appellants, Rizvi Builders, filed a suit for specific performance of an alleged agreement for sale of a property in Panaji, Goa, owned by responde...

High Court

Bombay High Court Dismisses Arbitration Petition Challenging Arbitral Award Under Section 34 of Arbitration and Conciliation Act, 1996 — Upholds Rejection of Specific Performance and Damages in Development Agreement Dispute. Court Holds That Arbitrator's Findings on Non-Compliance with Conditions Precedent and Lack of Proof of Damages Are Not Patently Illegal.

9 Jan 2015

The petitioner, Om Shiv Constructions, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging an arbitral award d...

High Court

Bombay High Court Dismisses Notice of Motion in Suit for Specific Performance — Plaintiffs Fail to Establish Prima Facie Case for Injunction Against Developer. Agreement for Sale Not Concluded as Essential Terms Remained Unsettled, No Enforceable Contract Under Specific Relief Act, 1963.

24 Dec 2025

The plaintiffs, a group of 52 individuals, filed a suit for specific performance of an alleged agreement for sale of flats in a building to be constru...

High Court

Bombay High Court Allows Appeal in Suit for Specific Performance — Agreement to Sell Not Proved as Genuine Due to Discrepancies in Evidence and Failure to Examine Attesting Witnesses. The Court held that the plaintiff failed to prove execution of the agreement under Section 68 of the Evidence Act and readiness and willingness under Section 16(c) of the Specific Relief Act, reversing the lower appellate court's decree.

11 Dec 2025

The present appeal arises from a suit for specific performance of an agreement to sell dated 12-12-1994 filed by the original plaintiff (since decease...

High Court

Bombay High Court Allows Amendment of Plaint After 30 Years in Property Suit — No Prejudice as Trial Not Commenced. Pre-Trial Amendment Permissible Under Order VI Rule 17 CPC Despite Delay, as No New Cause of Action Introduced.

11 Dec 2025

The present writ petition arises out of a civil suit filed in 1993 by the original plaintiffs, Smt. Bertha Carvalho and Shri Ross Carvalho, against th...

High Court

Bombay High Court Allows Appeal in Specific Performance Suit — Agreement to Sell Not Proved as Loan Transaction. Court holds that a document styled as an agreement to sell cannot be recharacterized as a loan transaction without clear evidence of a loan and that the plaintiff must prove the agreement and readiness and willingness to perform.

8 Dec 2025

The appellant (original plaintiff) filed a suit for specific performance of an agreement to sell dated 1st August 1996, whereby the respondent (origin...

High Court

Bombay High Court Dismisses Injunction Application in Share Transfer Dispute — Agreement for Sale of Shares Not Enforceable as Contract for Sale of Shares, Not Specific Performance of Immovable Property. Court holds that agreement for transfer of shares is a contract for sale of goods and not for specific performance of immovable property, and plaintiff failed to show readiness and willingness.

8 Dec 2014

The plaintiff, Swaran Salaria & Associates, filed a suit for specific performance of an agreement dated 22 November 2007 with the first defendant, Him...

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