Search Results for "Sale agreement"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "Sale agreement"

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Supreme Court

Supreme Court Allows Appeal in Specific Performance Case: Order II Rule 2 CPC Bar Applies to Subsequent Suit for Specific Performance When Relief of Permanent Injunction Was Sought in Previous Suit. The Court held that the plaintiff's entitlement to seek specific performance existed at the time of the first suit, and failure to include it bars the second suit under Order II Rule 2 CPC.

17 Jan 2025

The dispute arose from an agreement for sale dated 24.01.2007 between M/s Chemplast Cuddalore Vinyls Limited (respondent no.1/original plaintiff) and ...

High Court

Bombay High Court Allows Appeal in MVAT Case: Agreement for Software Bug Fixing Held as Service Contract, Not Sale of Software. Services provided under agreement for removal of bugs/errors in software constitute repair and maintenance services, not development or customization, and are not taxable as sale of software under MVAT Act.

18 Dec 2023

The appellant, Atos India Private Limited, is engaged in providing services relating to repair and maintenance of software and holds Service Tax Regis...

High Court

Bombay High Court Upholds Executing Court's Rejection of Time-Barred Application to Set Aside Auction Sale Under Order 21 Rule 89 CPC. Application Filed 63 Days After Sale Found Barred by Limitation, Secured Creditor's Prior Charge on Property Upheld for Distribution of Sale Proceeds.

26 Oct 2016

The petitioner, a borrower, had availed a housing loan from respondent No.1 finance company and mortgaged the purchased flat. Upon default, the lender...

High Court

High Court of Bombay at Goa Hears First Appeal Against Partial Decree in Suit for Specific Performance of Development Agreement. Trial Court Declared Forfeiture of Advance Unlawful but Denied Specific Performance, and Appellant Seeks Reversal.

5 Nov 2014

This First Appeal challenged the judgment and decree dated 20.09.2013 passed by the Civil Judge Senior Division, Vasco in Special Civil Suit No. 13/20...

High Court

Karnataka High Court Hears Regular First Appeal Against Part Decree in Specific Performance Suit; Appellant Challenges Dismissal at Admission Stage Under Section 96 CPC. Scope of Section 96 CPC and Requirement of Full Hearing on Merits in Appeals Questioned; Trial Court Had Dismissed Specific Performance Claim for Lack of Readiness and Willingness but Ordered Refund of Advance.

3 Mar 2015

The appeal arose from a suit for specific performance of an agreement to sell immovable property. The plaintiff (appellant) and defendant No.1 execute...

Supreme Court

Supreme Court of India Hears Appeals Against Bombay High Court Judgment Concerning Auction Sale Validity Under Maharashtra Co-operative Societies Act, 1960. Key Issue: Whether Violation of Rule 107(11)(h) of Maharashtra Co-operative Societies Rules, 1961 Renders Sale Void Despite Creditor's Waiver, to be Decided.

1 Jan 1970

The dispute arises from recovery proceedings initiated by Mahanagar Co-operative Bank against a partnership firm, M/s. Borse Brothers, for defaulting ...

High Court

Bombay High Court Allows Plaintiff's Second Appeal in Possession Suit — Part Performance Protection Under Section 53-A of Transfer of Property Act, 1882 Denied to Purchasers for Failure to Show Readiness and Willingness. Agreement for Sale Held Unenforceable Due to Non-Compliance with Income Tax Act, Making Performance Impossible.

21 Jan 2022

The plaintiff, owner of the suit property, filed a suit for recovery of possession against the defendants who were purchasers in possession under an a...

High Court

High Court of Karnataka Allows Appeal in Specific Performance Suit — Plaintiff Failed to Prove Readiness and Willingness. Continuous Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963 Must Be Pleaded and Proved; Absence of Pleading and Evidence of Financial Capacity Leads to Dismissal of Suit.

6 Jul 2023

The appellant (defendant) appealed against the judgment and decree dated 27/03/2017 passed by the Senior Civil Judge and Principal J.M.F.C., K.G.F. in...

Supreme Court

Supreme Court Allows Appeal in Sales Tax Dispute Over Time Charter Agreement — Holds That Time Charter Is a Service Contract, Not Transfer of Right to Use Goods. The Court ruled that a time charter does not involve transfer of possession or control, thus not taxable under Section 5C of Karnataka Sales Tax Act, 1957.

4 Dec 2019

The appellant, The Great Eastern Shipping Co. Ltd., owned a tug named 'Kumari Tarini' and entered into a Time Charter Agreement dated 8.1.1998 with th...

High Court

Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Disturbed. Agreement for Sale Contained Contradictory Clauses Regarding Time for Performance, and Plaintiff Failed to Prove Readiness and Willingness.

12 Feb 2024

The appellant (plaintiff) filed a Second Appeal against the concurrent dismissal of his suit for specific performance of an agreement for sale of a pl...

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