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Search Results for "specific performance"

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High Court

Bombay High Court Dismisses Developer's Suit for Specific Performance and Injunction Against Cooperative Housing Society and Members — No Agreement of Sale Established, Suit Barred by Limitation. The court held that the plaintiff failed to prove any valid agreement for sale of flats, and the suit was time-barred under Article 54 of the Limitation Act, 1963.

10 Nov 2014

The plaintiff, Vardhaman Developers Limited, filed a suit for specific performance of an alleged oral agreement for sale of flats in a cooperative hou...

High Court

Bombay High Court Allows Appeal Against Temporary Injunction in Specific Performance Suit — Non-Signatory Co-Owners Cannot Be Restrained Based on Agreement They Did Not Sign. Refusal to Perform by Non-Signatory Does Not Constitute Prima Facie Case for Injunction.

28 Oct 2014

The case involves an appeal against an order granting temporary injunction in a suit for permanent injunction and specific performance. The appellants...

High Court

Bombay High Court Dismisses Suit for Specific Performance of Slum Development Agreement Due to Lack of Jurisdiction Under Section 42 of Maharashtra Slum Areas Act. Civil Court Cannot Entertain Disputes Relating to Slum Rehabilitation Schemes as Exclusive Jurisdiction Vests with Slum Authorities.

30 Oct 2014

The plaintiff, Lokhandwala Infrastructure Pvt. Ltd., filed a suit for specific performance of a development agreement dated 10 August 2003, entered in...

High Court

Bombay High Court Allows Second Appeal in Specific Performance Suit — Upholds Trial Court Decree Based on Part Performance and Possession. Agreement of Sale Dated 1971 and 1972 Enforced as Plaintiffs Proved Readiness and Willingness and Were Put in Possession Under Section 53A of Transfer of Property Act, 1882.

14 Oct 2014

The appellants, original plaintiffs, filed a suit for specific performance of an agreement of sale dated 23rd July 1971 (Exh. 29) and another agreemen...

High Court

Bombay High Court Partially Allows Specific Performance of Agreement to Sell in Land Dispute — Appellants Entitled to 1/5th Share of Deceased Vendor's Property. The court upheld the decree for specific performance but limited to the 1/5th share of the deceased vendor, as the agreement was for the benefit of the joint family and the plaintiffs were ready and willing to perform.

8 Oct 2014

The case involves a dispute over an agreement to sell agricultural land Gut No.368 admeasuring 4H 69.4R belonging to the defendant Ramchandra Tukaram ...

High Court

Bombay High Court Dismisses Application for Rejection of Plaint in Specific Performance Suit — Plaint Discloses Cause of Action and Limitation Is a Triable Issue. The court held that under Order 7 Rule 11 CPC, only plaint averments are relevant and if they disclose a cause of action, the plaint cannot be rejected; limitation is a mixed question of law and fact.

30 Nov -0001

The applicant, Mr. Ajay Wadhwa, who was original defendant No.9 in the suit, filed a Notice of Motion seeking rejection of the plaint under Order 7 Ru...

High Court

Bombay High Court Dismisses Contempt Notice Against Court Receiver in Specific Performance Suit — No Willful Disobedience Established. Filing of Clarification Application by Receiver Held Not Contemptuous Under Contempt of Courts Act, 1971.

31 Oct 2014

The Plaintiff, M/s. Sagar Construction Company, filed a suit for specific performance of an agreement for sale dated 16th October 1985 concerning prop...

High Court

Bombay High Court Allows Appeal in Specific Performance Suit — Agreement to Sell Not Proved as Genuine. Court finds that the plaintiff failed to discharge burden of proving the agreement and that the defendant's possession was permissive, not as a prospective purchaser.

30 Nov -0001

The appellant, M/s Multicon Builders, a registered partnership firm through its partner Suryakant Gendasingh Thakur, was the original defendant no.9 i...

High Court

Bombay High Court at Goa Dismisses Writ Petition Challenging Rejection of Document Marking in Specific Performance Suit — Trial Court's Discretion Upheld Under Evidence Act, 1872. The court held that the trial court's order dismissing the application for marking documents as exhibits was within its discretion and did not warrant interference under Article 227 of the Constitution.

2 Sep 2014

The petitioners filed a writ petition challenging an order dated 20.11.2013 passed by the Senior Civil Judge, Mapusa, dismissing their application for...

High Court

Bombay High Court Dismisses Appeal in Specific Performance Suit — No Concluded Contract Found. Tender Conditions Required Execution of Formal Agreement, Which Never Occurred.

3 Sep 2014

The appellant, Kalpataru Properties Pvt. Ltd., filed a suit for specific performance against respondent No.1, Majithia Nagar Co-operative Housing Soci...

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