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Supreme Court Partly Allows Appeal in Specific Performance Suit – High Court’s Order Setting Aside Ex-Parte Decree Without Proper Jurisdiction Held Unsustainable

Revisional Jurisdiction – Delay Condonation – Restoration of Suit – Independent Legal Remedies The Court held that the remedies of condoning th...

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Ex-Parte Decree – Condonation of Delay – Equitable Jurisdiction – Reinstatement of Trial Court’s Order

The Supreme Court allowed the appeal and set aside the High Court’s order, thereby restoring the Trial Court’s decision rejecting the appl...

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"Timely Compliance in Specific Performance: Supreme Court Reiterates Limits and Discretion" "Clarifying the interplay of judicial discretion and statutory provisions under Section 28 of the Specific Relief Act, 1963."

The Supreme Court upheld the decision of the High Court, dismissing revision petitions that sought rescission of contracts for alleged non-compliance ...

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Supreme Court Allows Appeal Against Condonation of 1116-Day Delay in Filing Appeal Against Ex-Parte Decree. Emphasizes Need for Sufficient Explanation for Inordinate Delay and Application of Res Judicata.

The present appeal arises from an order of the Madurai Bench of Madras High Court condoning a delay of 1116 days in filing an appeal against an ex-par...

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Supreme Court Upholds High Court Order: IDBI Bank's Cancellation of Auction Sale Declared Invalid. Appellant-Bank cannot withhold the sale certificate without proper justification; the auction purchaser's non-deposit of balance sale consideration not considered default.

The Supreme Court dismissed IDBI Bank's appeals, holding that the bank was unjustified in canceling the auction sale of a property in Bogaram village,...

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Supreme Court Upholds Execution Court's Jurisdiction to Extend Time for Deposit in Specific Performance Case. Application for Extension of Time and Rescission Must be Treated as Part of Original Suit, Not Execution Proceedings.

The Supreme Court of India upheld the jurisdiction of the Execution Court to extend the time for depositing the balance sale consideration in a specif...

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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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Supreme Court Upholds High Court's Reduced Refund in Property Sale Dispute. Plaintiff's Claim of Additional Rs. 15,00,000/- Unproven, Refund Limited to Rs. 3,00,000/- with Interest

This appeal challenges the judgment of the High Court of Kerala, which modified the Trial Court's decree in a suit for specific performance. The High ...

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Quashes Criminal Proceedings in Land Fraud Case. Court Rules in Favor of Appellants, Citing Abuse of Process and Benami Transactions Act

Criminal Law, Fraudulent Land Deals, Abuse of Process, Benami Transactions Criminal Proceedings, Fraudulent Inducement, Breach of Trust, Civil Remedi...