Search Results for "Performance Deposit"

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Search Results for "Performance Deposit"

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High Court

Karnataka High Court Dismisses Plaintiff’s Writ Petition Challenging Trial Court’s Rejection of Partial Decree Application Under Order XII Rule 6 CPC — Admissions Relied Upon Not Clear and Unconditional. Order XII Rule 6 of Code of Civil Procedure, 1908 Requires Admission to Be Clear and Unequivocal, and Partial Judgment Cannot Be Passed When Core Suit for Specific Performance Is Yet to Be Decided.

30 Jul 2025

The dispute arose from two agreements of sale dated 26-10-2007 executed between the petitioner (plaintiff) and the first respondent (defendant) for th...

High Court

High Court of Karnataka Dismisses Appeal in Specific Performance Suit — Plaintiff Failed to Prove Readiness and Willingness. Agreement to Sell Not Proved as Genuine and Enforceable Due to Lack of Credible Evidence and Discrepancies in Pleadings.

5 Mar 2020

The appellant, Harish, filed a suit for specific performance of an agreement to sell dated 05.12.2008 allegedly executed by the respondents in his fav...

High Court

High Court of Karnataka Dismisses Appeal in Specific Performance Suit Upholding Trial Court's Finding of Failure to Prove Fraudulent Sale Deed. Appeal Under Section 96 CPC Challenges Dismissal of Suit Where Plaintiff Claimed Agreement of Sale, But Trial Court Found No Proof That Subsequent Registered Sale Deed Was Invalid.

20 May 2021

The matter originated as a suit for specific performance of an agreement of sale. The plaintiff (appellant) claimed that he was a tenant under one J.A...

High Court

Bombay High Court Considers Appeal Under Section 37 Against Interim Order Under Section 9 in Property Development Arbitration. The Impugned Order Granted Conditional Relief Including Injunction and Appointment of Receiver Pending Arbitration.

27 Oct 2005

The appeal under Section 37 of the Arbitration and Conciliation Act, 1996 read with Clause 15 of the Letters Patent challenged an order passed by a le...

Supreme Court

Supreme Court Allows Appeal in Specific Performance Suit, Remands for Trial on Admissions. The Court held that Order XII Rule 6 CPC requires clear and unequivocal admissions, and where the defendant disputes the genuineness of the agreement and receipt of consideration, the suit cannot be decreed summarily.

1 Jan 2019

The Supreme Court considered an appeal against the judgment of the Delhi High Court Division Bench which had allowed an application under Order XII Ru...

High Court

RFIRST APPEAL NO. 3732 of 2023

30 Jan 2026

The High Court of Gujarat heard two appeals under Section 37 of the Arbitration and Conciliation Act, 1996, filed by Madhya Gujarat Vij Company Limite...

Supreme Court

Supreme Court Dismisses Appeal in Specific Performance Suit Upholding Extension of Time for Deposit. Trial Court's Discretionary Order Under Section 148 CPC and Section 28 Specific Relief Act Upheld as Plaintiff Showed Sufficient Cause for 853-Day Delay Through Illness.

24 Feb 2023

The dispute arose from a civil suit for specific performance of an agreement to sell dated 09.05.2012, where the plaintiff had paid an advance of Rs. ...

High Court

Bombay High Court Dismisses Suit for Specific Performance of Agreement for Sale of Trust Property — Plaintiff Failed to Prove Readiness and Willingness. Agreement for Sale of Charitable Trust Land Requires Sanction Under Section 36 of Maharashtra Public Trusts Act, 1950; Time Was Not of Essence but Plaintiff's Conduct Showed Lack of Readiness.

4 Mar 2015

The plaintiff, Bastion Constructions, a partnership firm engaged in building and development, filed a suit for specific performance of an agreement fo...

High Court

Bombay High Court Dismisses Appeal in Specific Performance Suit Due to Limitation and Unenforceable Agreement. Agreement for Sale of compensation pool property held to be contingent on uncertain event of conveyance deed issuance, and suit filed beyond reasonable time barred by limitation.

8 Jun 2026

The appellant, original plaintiff, filed a suit for specific performance of an Agreement for Sale dated 19/01/2010 for a compensation pool property in...

High Court

Bombay High Court Allows Second Appeal in Specific Performance Suit Based on Oral Agreement and Part Performance. The court upheld the decree for specific performance of an oral agreement for sale of a suit block, finding that the plaintiff had proved readiness and willingness and the suit was within limitation under Article 54 of the Limitation Act, 1963.

20 Apr 2023

The case involves a suit for specific performance of an oral agreement for sale of a suit block admeasuring 110 square feet. The plaintiff, Sudhir Gul...

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