Search Results for "specific performance"

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Search Results for "specific performance"

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High Court

Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Agreement to Sell Not Proved. Concurrent findings of courts below upheld that plaintiff failed to prove agreement and suit was barred by limitation under Specific Relief Act, 1963.

19 Mar 2014

The appellant, Smt. Doshmani w/o. Vasantlal Bahoria, filed a Second Appeal against the judgment and order dated 26.4.2007 passed by the Adhoc District...

High Court

Bombay High Court Dismisses Revision Application in Suit for Specific Performance and Injunction — Concurrent Findings of Fact Cannot Be Reopened Under Section 115 CPC. The court held that a revision under Section 115 of the Code of Civil Procedure, 1908 is not maintainable against concurrent findings of fact unless there is a jurisdictional error or perversity.

30 Nov -0001

The case involves a civil revision application filed by the original defendants (applicants) against the concurrent findings of fact recorded by the t...

High Court

Bombay High Court Dismisses Appeal Against Refusal of Discovery in Specific Performance Suit — Discovery Sought After Issues Settled and Evidence Led, Not Permitted Under CPC Order XI Rule 1A

20 Mar 2014

The appeal arises from a suit filed by NTPC Limited (respondent-plaintiff) in December 2005 seeking specific performance of a contract for supply of 1...

High Court

Bombay High Court Allows Appeal Against Injunction in Specific Performance Suit — No Prima Facie Case for Injunction When Possession Not Delivered Under Agreement. The court held that a plaintiff not in possession under an agreement to sell cannot restrain the owner from constructing on the property.

14 Mar 2014

The appellant, Shankar Govindlal Patwari, was the owner of an open plot bearing CTS No.3238 admeasuring 59.04 square meters within Dhule Municipal Cor...

High Court

Bombay High Court Allows Second Appeal in Specific Performance Suit — Finds Concurrent Findings Perverse for Ignoring Plaintiff's Readiness and Willingness. Agreement for Sale of Land at Amravati for Rs. 16,000/- with Earnest Money of Rs. 4,000/- — Courts Below Erred in Holding Plaintiff Not Ready and Willing Despite Evidence of Payment and Presence at Sub-Registrar's Office.

10 Feb 2014

The appellant (original plaintiff) filed a suit for specific performance of an agreement for sale of an open space with superstructure admeasuring 213...

High Court

Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Upholds Concurrent Findings of Trial and Appellate Courts. Agreement to Sell Dated 10.1.2003 Validly Enforced Despite Subsequent Sale to Appellant, as Appellant Was Not a Bona Fide Purchaser Without Notice.

25 Feb 2014

The dispute pertains to land bearing Gat No.1120 admeasuring 38 Are situated at Mouza Pimpalgaon Raja, Taluka Khamgaon, District Buldana. The plaintif...

High Court

Bombay High Court Allows Subsequent Purchaser to Join Appeal in Specific Performance Suit — Lis Pendens Does Not Bar Participation as Proper Party. The court held that a subsequent purchaser, though bound by the decree under Section 52 of the Transfer of Property Act, 1882, is entitled to be heard in the appeal as a proper party to protect his interest.

27 Feb 2014

The petitioner, Shrikrushna Narayan Tupkari, filed a writ petition challenging the order dated 19.5.2013 passed by the learned District Judge-2, Akola...

High Court

Bombay High Court Dismisses Petition Challenging Amendment of Written Statement in Specific Performance Suit. Mistake of Counsel Held Not to Prejudice Defendant's Right to Fair Trial — Amendment Allowed as Explanatory and Necessary for Real Controversy.

18 Feb 2014

The petitioners, original plaintiffs, filed a suit for specific performance of contract dated 02.03.2003 against the respondents. During the trial, af...

High Court

Bombay High Court Grants Decree on Admission in Lease Reversion Rights Dispute — Plaintiffs Entitled to Specific Performance of Clause 6 of Lease Deed. The court held that unequivocal admissions in pleadings regarding payment of full consideration for reversionary rights under a 1981 lease deed entitled the lessee to a decree for conveyance under Order 12 Rule 6 CPC.

5 Feb 2014

The plaintiffs, Pankaj Unit No.1 Housing Development Company Private Limited and another, filed a suit seeking specific performance of Clause 6 of a L...

High Court

Bombay High Court Allows Appeal Against Remand Order in Specific Performance Suit — Trial Court's Decree Restored. Appellate Court Exceeded Remand Powers Under Order 41 Rule 23-A CPC by Reversing Findings Without Proper Justification.

11 Feb 2014

The case arises from a suit for specific performance of an agreement of sale filed by the original plaintiff, Mohd. Sardar, against the defendant, Raf...

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