Search Results for "Contingent Claims"

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Supreme Court Allows Summary Judgment in Recovery Suit Against DDA for Refund of Sale Consideration After Land Acquisition Lapses. The Court held that DDA cannot retain the money after failing to convey title due to lapsing of acquisition, and the suit was within limitation.

The Supreme Court allowed the appeal against the Delhi High Court's order dismissing the appellant's application for summary judgment under Order XIII...

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Bombay High Court Dismisses Notice of Motion in Suit for Specific Performance — Plaintiffs Fail to Establish Prima Facie Case for Injunction Against Developer. Agreement for Sale Not Concluded as Essential Terms Remained Unsettled, No Enforceable Contract Under Specific Relief Act, 1963.

The plaintiffs, a group of 52 individuals, filed a suit for specific performance of an alleged agreement for sale of flats in a building to be constru...

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Bombay High Court Dismisses Appeal Under Section 37 of Arbitration Act Against Order Refusing Interim Relief in Development Agreement Dispute. Court Upholds Trial Court's Discretion in Refusing Injunction Where Balance of Convenience Favored Status Quo and No Irreparable Loss Was Shown.

The appellant, Villa Realcon LLP, filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, challenging an order dated September...

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Bombay High Court Allows Appeal in Specific Performance Suit — Sets Aside Dismissal for Default and Restores Suit on Condition of Costs. Advocate's Mistake in Noting Date Constitutes Sufficient Cause Under Order IX Rule 9 CPC.

The present appeal arises from an order dated 20/12/2023 passed by the City Civil Court, Dadri, dismissing the appellants' (original plaintiffs') suit...

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High Court of Karnataka Dismisses Appeal Against Revocation of Probate in Succession Case — Failure to Implead All Heirs Renders Probate Voidable Under Section 263 of Indian Succession Act, 1925.

The appellant, H Srinivas Rao, filed a Miscellaneous First Appeal under Section 384 of the Indian Succession Act, 1925, challenging the order dated 15...

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Bombay High Court Dismisses Section 9 Petition Seeking Garnishee Order Against Third Party in Arbitral Proceedings. Interim relief under Section 9 of the Arbitration and Conciliation Act, 1996 cannot be granted against a non-signatory to the arbitration agreement without a prima facie case of liability.

The petitioner, Jatin Keshruwala, sole proprietor of Janvi Production, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996,...