Search Results for "Performance Deposit"

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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...
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Search Results for "Performance Deposit"

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High Court

Bombay High Court Allows Appeal in Specific Performance Suit — Oral Agreement Not Proved. Plaintiff failed to establish oral agreement, payment of consideration, and suit was barred by limitation under Article 54 of the Limitation Act, 1963.

11 Feb 2020

The appellants (original defendant nos. 2 to 4) challenged the judgment and decree dated 18/02/2014 passed by the learned Judge, City Civil Court, Mum...

Supreme Court

Supreme Court Dismisses Review Petition in Specific Performance Suit — No Error Apparent on Face of Record. Court upholds its earlier judgment reversing High Court's partial decree for specific performance, holding that the petitioner failed to prove readiness and willingness and that the suit was barred by limitation.

18 Nov 2024

The petitioner, M/s Siddamsetty Infra Projects Pvt. Ltd., filed a review petition under Article 137 of the Constitution read with Order XLVII Rule 1 o...

High Court

High Court of Bombay at Goa Upholds Interim Injunction in Arbitration Matter — Government Restrained from Interfering with Contractor's Work. Performance Guarantee Encashment Found Wrongful; Mandatory Injunction for Reimbursement of Rs.5,50,00,000/- Granted Under Section 9 of Arbitration and Conciliation Act, 1996.

5 Aug 2010

The Government of Goa, represented by the Director of Tourism, filed an appeal under Section 37(1)(a) of the Arbitration and Conciliation Act, 1996, c...

High Court

Bombay High Court Examines Arbitrability of Disputes Between Developer and Non-Signatory Member of Cooperative Society Under Development Agreement. Issue Involves Permissibility of Invoking Arbitration Clause Against Dissenting Member Not Party to Agreement.

6 Mar 2026

The dispute arose from the redevelopment of a cooperative society's building in Mumbai. The applicant, a developer, entered into a Development Agreeme...

High Court

Bombay High Court Dismisses Judgment Debtors' Challenge to Execution of Decree for Specific Performance — Time Extension for Deposit of Balance Consideration Upheld. Executing Court's Discretion to Extend Time Under Section 28 of Specific Relief Act, 1963 is Not Barred by Limitation if Decree is Alive and Enforceable.

12 Sep 2023

The case arises from a decree for specific performance of an agreement for sale dated 20th February 1989 in respect of agricultural land. The original...

Supreme Court

Supreme Court Allows Defendant's Appeal in Specific Performance Suit Regarding Admissibility of Unregistered Agreement. The Court held that an unregistered agreement to sell, though compulsorily registrable under state amendment, is inadmissible as evidence in a suit for specific performance under Section 49 of the Registration Act, 1908, as it does not serve as evidence of a contract affecting property rights.

10 Apr 2023

The background of the dispute involved a civil suit for specific performance of an agreement to sell dated 10.09.2013, filed by the original plaintiff...

High Court

Bombay High Court Dismisses Petition for Interim Measures in Slum Rehabilitation Dispute Under Section 9 of Arbitration Act, Citing Public Interest in Airport Development. Termination of Determinable Contract Not Stayed as Injunction Would Amount to Specific Performance Barred Under Specific Relief Act.

23 Aug 2013

The case arose from a petition under Section 9 of the Arbitration and Conciliation Act, 1996, filed by Housing Development and Infrastructure Limited ...

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

Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement for Sale Not Proved as Plaintiff Failed to Establish Readiness and Willingness to Perform Contract.

16 Sep 2016

The original plaintiff, Vijay Laxmipati Dasari (since deceased, represented by his legal heirs), filed a suit for specific performance of an agreement...

High Court

Bombay High Court Adjudicates First Appeal Against Dismissal of Suit for Specific Performance. Cross Objection Filed by Defendants Challenges Direction to Repay with Interest.

21 Nov 2015

The matter arose from a suit for specific performance filed by M/s. Gold Touch Real Estate Private Limited, a real estate developer, against six respo...

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