Search Results for "specific performance"

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Supreme Court Allows Appeal and Restores Decree for Specific Performance in Property Sale Dispute — Time Not of Essence Due to Reciprocal Promises. Seller's Obligation to Clear Mortgage First Made Time Flexible; Plaintiff's Readiness and Willingness Established by Deposits and Notices.

The appeal arose from a suit for specific performance of an agreement to sell dated 22.09.2002, whereby the defendant agreed to sell suit property to ...

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Supreme Court Dismisses Specific Performance Claim but Orders Refund of Earnest Money with Interest in Property Sale Dispute. Plaintiff failed to prove readiness and willingness and additional payment of Rs. 6,75,000; only earnest money of Rs. 26,000 refundable with interest.

The dispute arose from an agreement of sale dated 21.07.2006 between the Plaintiff (Dr. Manohar Ganapathi Ravankar) and the Defendant (H. Gurunanda Ra...

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Supreme Court Allows Appeal in Lease Dispute Over Requirement of Notice Under Section 106 of Transfer of Property Act. Tenant at Sufferance Does Not Require Notice for Eviction Under Section 106 of Transfer of Property Act, 1882.

The dispute concerns a plot of land in Siliguri, West Bengal, leased by the appellant to the respondent for 15 years under an unregistered indenture d...

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Supreme Court Partly Allows Appeal Against High Court's Direction to Vacate Premises in Pending Small Causes Proceedings. High Court Exceeded Jurisdiction Under Article 227 by Ordering Eviction Without Final Order Under Sections 41/43 of Presidency Small Causes Courts Act, 1882.

The appellant purchased property in 1994 and claimed possession. He filed a suit for permanent injunction (CS No.1069 of 2003) which was dismissed, an...

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Supreme Court Upholds Refund Order in Unfair Trade Practice Case, Denies Specific Performance. Forfeiture of Earnest Money Upheld Due to Buyer's Default Under Clause 10 of Plot Buyer's Agreement.

The appellant, Sudha Gupta, filed an appeal under Section 53T of the Competition Act, 2002 read with Section 55 of the repealed Monopolies and Restric...

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Supreme Court Dismisses Appeal in Specific Performance Suit — Time Was Essence of Contract and Plaintiffs Failed to Prove Readiness and Willingness. Limitation Period Under Article 54 of Limitation Act, 1963 Starts from Date Fixed for Performance; Extension Not Proven.

The appeal arose from a suit for specific performance of an agreement to sell property at 82, Jor Bagh, New Delhi, dated 05.10.1974, between the plain...

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Supreme Court Finds Reliance Companies Guilty of Contempt for Breach of Undertakings to Pay INR 550 Crore to Ericsson India Pvt. Ltd. The court held that the undertakings making payment conditional upon sale of assets were contrary to the court's order and constituted wilful disobedience.

The Supreme Court of India dealt with three contempt petitions filed by Ericsson India Pvt. Ltd. against Reliance Communications Ltd., Reliance Teleco...