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Supreme Court Allows Developer's Appeal in Part, Reducing Interest Rate on Refund for Delayed Possession of Row House. Buyer's Agreement's One-Sided Clause on Delay Interest Does Not Preclude Claim for Reasonable Compensation; Refund Upheld but Interest Reduced from 12% to 9%.

The case involves a dispute between Kolkata West International City Pvt Ltd (the developer/appellant) and Devasis Rudra (the buyer/respondent) arising...

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High Court of Karnataka Hears Appeals Against Decree for Specific Performance in Suit Involving Subsequent Purchasers. The trial court had decreed specific performance of an agreement to sell agricultural lands, directing the original vendor and later purchasers to execute a joint sale deed.

The appeal arises from a suit for specific performance of an agreement to sell agricultural lands. The first defendant, the owner, agreed to sell the ...

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Bombay High Court Dismisses Developer's Appeal Against Refusal of Interim Relief in Redevelopment Dispute. Section 37(2)(b) Appeal Fails as No Prima Facie Case for Injunction Established Due to Unclear Terms and Unregistered Supplemental Agreement.

The Petitioner, Heritage Lifestyles & Developers Pvt. Ltd., a developer, filed an appeal under Section 37(2)(b) of the Arbitration and Conciliation Ac...

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Bombay High Court Allows Redemption in Mortgage by Conditional Sale Dispute. Deed Dated 21-4-1953 Held to be Mortgage by Conditional Sale Under Section 58(c) of Transfer of Property Act, 1882, Not Sale with Condition of Repurchase.

The case involves a second appeal arising from a suit for redemption of mortgaged land. The plaintiffs (respondents) claimed that their late father, T...

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Bombay High Court Dismisses Suit for Specific Performance of Agreement for Sale, Holding Agreement Was a Loan Transaction with Collateral Security. Court Refuses to Enforce Agreement as Sale, Directs Return of Earnest Amount with Interest.

The plaintiffs filed a suit for specific performance of an agreement for sale dated 19th November 1987, or in the alternative, for damages of Rs.1,46,...

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Bombay High Court Allows Appeal by MIDC in Contract Breach Case — No Binding Contract Without Work Order. Mere acceptance of tender does not create contractual obligations; formal work order essential under tender conditions.

The case involves an appeal by the Maharashtra Industrial Development Corporation (MIDC) against a decree passed in Special Civil Suit No.99/2009, whe...

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High Court of Karnataka Considers First Appeal Against Denial of Specific Performance of Land Sale Agreement. The appeal challenges the trial court's finding that the plaintiff failed to prove readiness and willingness and that the contract was validly terminated.

The dispute arose from an agreement for sale of agricultural lands situated at Maranagere Village, Tiptur Taluk. The first defendant, aged about 81 ye...