Search Results for "Readiness and Willingness"

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Appellant's Appeal Partly Allowed: Trial Court's Denial of Specific Performance Restored. High Court and Appellate Court's Judgments Overturned Due to Plaintiff's Unexplained Delay and Lack of Evidence for Readiness and Willingness

The appellant, originally the defendant in the trial court, challenges the judgment dated 07.06.2011, which partially allowed his second appeal (S.A N...

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Arbitration Battle Over Ganatra Hotels: Panchamias vs. Ganatra Group. Complex Dispute Involving Share Transfers, Valuation Discrepancies, and Legal Contentions Reaches Judicial Review

This case involves two connected Commercial Arbitration Petitions arising from an Arbitral Award dated 5th April 2016. The primary parties are the Pan...

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Supreme Court Dismisses Appeal in Specific Performance Suit — Plaintiff Failed to Prove Readiness and Willingness. Time was of the essence in the agreement for sale dated 25.04.2007, and the plaintiff did not demonstrate continuous readiness and willingness to perform his part of the contract.

The appeal arose from a suit for specific performance of an agreement for sale dated 25.04.2007 between the plaintiff (appellant) and the defendant (r...

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Supreme Court Allows Appeal in Specific Performance Suit Due to Buyer's Acceptance of Refund During Pendency. Acceptance of Refund of Earnest Money Indicates Lack of Readiness and Willingness, Making Suit Not Maintainable Under Specific Relief Act, 1963.

The dispute arose from a suit for specific performance of an Agreement to Sell dated 25th January 2008, executed between the buyer (Respondent No.1) a...

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Supreme Court Allows Appeal in Specific Performance Suit, Restores Trial Court's Decree for Money Recovery Instead of Specific Performance. The High Court erred in granting specific performance as the transaction was found to be a loan with collateral security under the Specific Relief Act, 1963.

The Supreme Court allowed the appeal by the subsequent purchasers (appellants) against the High Court's decree granting specific performance of an agr...

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Bombay High Court Dismisses Writ Petition Challenging Cooperative Court Order in Property Dispute. Jurisdiction of Cooperative Court under Maharashtra Cooperative Societies Act, 1960 upheld for disputes between society and non-members regarding property.

The petitioner, M/s. Mukund Iron Staff Association Coop. Housing Society Ltd., filed a writ petition under Article 226 of the Constitution of India ch...

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Plaintiff’s Suit for Property Possession Upheld. Court Rules in Favor of Plaintiff’s Ownership Claim Despite Defendants’ Incomplete Sale Agreement Defense

This appeal was filed against the judgment and decree of the 2nd Ad-hoc Additional District Judge, Wardha, which overturned the decision of the Civil ...