Search Results for "Vendor Not Party"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "Vendor Not Party"

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Supreme Court

Supreme Court Allows Appeal in Specific Performance Suit — Canara Bank v. K.L. Rajgarhia (D) Thru LRs. Agreement to Sell dated 27.12.1984 for construction and sale of flats — Division Bench of Delhi High Court erred in reversing decree for specific performance without considering readiness and willingness of plaintiff and conduct of defendant.

1 Jan 2025

The Supreme Court allowed the appeal filed by Canara Bank (plaintiff) against the judgment of the Division Bench of the Delhi High Court which had rev...

Supreme Court

Supreme Court Allows Appeals Against Condonation of 586-Day Delay and Grant of Leave to Appeal to Pendente Lite Purchasers in Specific Performance Suit. The Court held that subsequent purchasers who purchased property during pendency of suit and in violation of injunction cannot claim bona fide status and have no right to appeal after their impleadment application was rejected and became final.

1 Jan 2025

The case involves appeals by the original plaintiffs (H. Anjanappa & Ors.) against an order of the Karnataka High Court condoning a delay of 586 days ...

High Court

Bombay High Court Allows Compromise Decree in Property Suit Despite Third-Party Intervention Claim — Consent Terms Binding on Parties, Intervener's Rights Not Affected. The Court held that a compromise between the original parties does not affect the rights of a third party claiming independent title, and such third party need not be impleaded in the suit.

29 Nov 2024

The judgment arises from a suit filed by Vinesh Rashmikant Shah and others (Plaintiffs) against Pee Jay Traders and others (Defendants) concerning dis...

Supreme Court

Supreme Court Allows Appeal of Subsequent Purchasers in Specific Performance Suit — Agreement for Sale Held Sham and Not Intended to Be Acted Upon. Evidence Act Sections 91 and 92 Do Not Bar Proof of Sham Transaction; Subsequent Purchasers Are Bona Fide Purchasers Without Notice.

9 Jul 2024

The appeal arose from a suit for specific performance of an agreement for sale dated 7th December 1981 executed by the first defendant in favour of th...

High Court

High Court of Karnataka Allows Second Appeal in Property Dispute — Sale Deed Valid Despite Non-Examination of Attesting Witness. Execution of sale deed can be proved by other evidence under Section 68 of Indian Evidence Act, 1872 when attesting witness is dead.

11 Apr 2023

The appellant-plaintiff, Sri Thammaiah, filed a suit for declaration of title and permanent injunction (later amended to possession) in respect of sui...

High Court

Bombay High Court Allows Decree Holder's Execution Petition and Dismisses Judgment Debtor's Challenge in Property Execution Dispute — Court Holds That Execution Proceedings Are Not Barred by Limitation When Decree Is Put into Execution Within 12 Years of Final Decree Under Article 136 of Limitation Act, 1963.

28 Mar 2019

The case involves two writ petitions arising out of execution proceedings. The decree holder, Dr. (Smt.) Jayashree Avinash Banait, obtained a decree a...

High Court

High Court of Karnataka Quashes BDA's Cancellation of Site Allotment for Violation of Natural Justice — Purchaser from Original Allottee Not Given Hearing Before Termination. The court held that the cancellation order was passed without affording an opportunity of hearing, violating principles of natural justice, and directed the BDA to hear the petitioner before passing any fresh order.

8 Dec 2017

The petitioner, Sri Manjunath Shetty, purchased site No.196/B in HSR Layout, Bangalore, from the original allottee. The Bangalore Development Authorit...

High Court

Bombay High Court Allows Appeal Against Refusal of Ad-Interim Injunction in Property Dispute — Holds That Trial Court Must Consider Documents Prima Facie and That Section 52 of Transfer of Property Act Does Not Substitute Injunction

27 Sep 2016

The appellant, Durga Bearing (Mumbai) Pvt. Ltd., filed an appeal against the order of the City Civil Court, Dindoshi, Mumbai, dated 10 August 2016, wh...

High Court

Bombay High Court Quashes Blacklisting Order Against Contractor in ONGC Contract Dispute — Violation of Natural Justice as Show Cause Notice Did Not Specify Proposed Penalty. Show Cause Notice Must Clearly Indicate Intended Action of Blacklisting to Afford Meaningful Opportunity of Hearing Under Article 226 of Constitution of India.

2 Mar 2016

The petitioner, Anchor Offshore Services Ltd (Anchor), a company incorporated under the Companies Act, 1956, challenged a blacklisting order dated 5th...

High Court

Bombay High Court Dismisses Suit for Specific Performance of Unsigned MOU for Flat Purchase. Contract Not Concluded as Essential Terms Were Not Finalized and MOU Remained Unsigned.

9 Jun 2015

The plaintiffs, Rohit A. Kapadia and Sandhya R. Kapadia, filed a suit against the defendant, Perviz J. Modi, seeking specific performance of an allege...

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