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Search Results for "specific performance"

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High Court

Bombay High Court Allows Appeal in Copyright Assignment Dispute — Upholds Plaintiff's Right to Injunction Against Exploitation of Dubbing and Satellite Rights. Agreement for Assignment of Rights in Telugu Film 'BHAI' Held Valid and Binding, and Plaintiff's Payment of Consideration Creates Prima Facie Case for Temporary Injunction.

24 Sep 2014

The appeal arises from a suit filed by Goldmines Telefilms Pvt. Ltd. (plaintiff) against Reliance Big Entertainment Pvt. Ltd. (defendant No.1) and oth...

High Court

Bombay High Court Dismisses Suit for Specific Performance Due to Bar Under Order 2 Rule 2(3) CPC — Plaintiff Omitted to Sue for Relief in Previous Suit on Same Cause of Action Without Leave. The court held that the cause of action in both suits was identical, arising from the same term-sheet agreement, and the plaintiff's failure to seek specific performance in the earlier suit without leave barred the subsequent suit.

19 Aug 2014

The plaintiff, Govind B. Bajaj, filed Suit No. 186 of 2013 in the Bombay High Court seeking specific performance of a term-sheet agreement for joint d...

High Court

Bombay High Court Dismisses Appeal by Bank in Possession Suit, Upholds Trial Court's Decree for Possession and Mesne Profits. Counterclaim for Specific Performance of Sale Contract Dismissed as Unenforceable Due to Lack of Registered Agreement and Failure to Prove Readiness and Willingness.

1 Aug 2014

The case involves a dispute over immovable property, Municipal House No.9 at Ahmedpur, consisting of a godown, three rooms, and open space on a plot o...

High Court

Bombay High Court Dismisses Appeal in Specific Performance Suit — Agreement to Sell Not Proved Due to Lack of Independent Witnesses and Discrepancies in Evidence. Court upholds trial court's finding that the plaintiff failed to prove readiness and willingness to perform the contract under Section 16(c) of the Specific Relief Act, 1963.

9 Jul 2014

The case involves a first appeal filed by the original plaintiff, Naziruddin Khan (since deceased, represented by his legal heirs), against the dismis...

High Court

Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Agreement for Sale of Agricultural Land Enforceable Despite Non-Agriculturist Purchaser. Section 89 of Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 Does Not Bar Enforcement of Agreement for Sale Where Purchaser Is Not an Agriculturist.

9 May 2014

The appellant-defendant, Hetram, entered into an agreement for sale of his agricultural land with the respondents-plaintiffs on 11 August 2003 for a t...

High Court

Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Agreement for Sale of Agricultural Land Enforceable Despite Non-Agriculturist Purchaser. Section 89 of Bombay Tenancy Act Does Not Bar Enforcement of Agreement for Sale Where Purchaser Is Not an Agriculturist, as the Bar Applies Only to Transfers of Land to Non-Agriculturists, Not to Agreements to Transfer.

9 May 2014

The appellant-defendant, Hetram, owned agricultural land in Gondia. He entered into an agreement for sale with the respondents-plaintiffs on 11 August...

High Court

Bombay High Court Allows Second Appeal in Possession Suit Based on Prior Specific Performance Decree and Registered Sale Deed. The court held that a plaintiff who has obtained a decree for specific performance and a registered sale deed through court is entitled to possession, and failure to prove forcible dispossession on a specific date is not a valid ground to dismiss the suit.

1 Apr 2014

The appellant/plaintiff, Pandurang Ghughane, filed Regular Civil Suit No.112 of 2001 before the Joint Civil Judge Junior Division, Digras, seeking pos...

High Court

Bombay High Court Dismisses Writ Petition Challenging Arbitral Award in Property Dispute — No Grounds for Interference Under Section 34 of Arbitration Act as Findings Are Not Perverse or Contrary to Law.

29 Dec 2020

The petitioners, legal heirs of the original claimant Inacio Amorim V. D'Costa, filed a writ petition under Article 227 of the Constitution of India c...

High Court

Bombay High Court Dismisses Application to Bring Legal Heirs on Record After 24-Year Delay in Specific Performance Suit. Condonation of Delay Refused as Plaintiff's Mistaken Belief Does Not Constitute Sufficient Cause Under Order 22 Rule 9 CPC.

21 Apr 2014

The case involves a Chamber Summons taken out by the plaintiff (Sunil Gupta) in a suit filed in 1989 for specific performance of an agreement dated 15...

High Court

Bombay High Court Allows Appeal in Specific Performance Suit — Agreement to Sell Not Frustrated by Non-Commencement of Construction. Court holds that time was not of the essence in an agreement for sale of a flat under construction, and the purchaser's readiness and willingness must be assessed at the time of performance.

30 Nov -0001

The appellants, Jugraj K. Ranka, Ramesh K. Ranka, and Suresh K. Ranka, filed a suit for specific performance of an agreement for sale dated 15th June ...

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