Search Results for "declaratory relief without issue"

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Supreme Court

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.

4 Apr 2025

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...

Supreme Court

Supreme Court Upholds Arbitral Award in Commercial Contract Dispute — Joint and Several Liability of Holding Company and Subsidiary Upheld. Division Bench's restoration of award under Section 37 of Arbitration and Conciliation Act, 1996 affirmed, rejecting challenge on grounds of patent illegality and public policy.

3 Sep 2024

The case arises from a dispute between OPG Power Generation Private Limited (OPG) and its holding company Gita Power and Infrastructure Private Limite...

High Court

Bombay High Court Dismisses Second Appeals in Specific Performance Suit, Upholds Concurrent Findings of Readiness and Willingness. Agreement to Sell for Agricultural Land Held Valid and Enforceable Despite Non-Registration of Power of Attorney.

16 Apr 2024

The case involves two second appeals arising from a suit for specific performance of an agreement to sell agricultural land. The plaintiff, Hiren Veni...

High Court

Bombay High Court Dismisses Revision Applications Challenging Rejection of Plaint Return in Suit for Specific Performance. Court holds that valuation of suit for purposes of jurisdiction is determined by the market value of the property, not the consideration amount, and that the trial court's finding on valuation is a finding of fact not liable to interference in revision.

23 Jan 2023

The judgment arises from two Civil Revision Applications challenging a common order dated 22.04.2022 passed by the learned Joint Civil Judge, Senior D...

Supreme Court

Supreme Court Dismisses Appeal in Limitation Dispute Over Alternative Plot Allotment. Concurrent Findings on Time-Barred Declaratory Suit Upheld Under Article 136 of Constitution, Applying Limitation Act 1963 Provisions to Determine Starting Point of Limitation.

29 Sep 2022

The appeal arose from a civil suit filed by the appellants seeking declaratory reliefs regarding ownership of an alternative residential plot allotted...

Supreme Court

Supreme Court Dismisses Plaintiffs in Property Declaration Suit Due to Omission of Possession Relief. Suit for Declaration and Injunction Held Not Maintainable Under Section 34 of Specific Relief Act, 1963 as Plaintiff, Not in Possession, Failed to Seek Further Relief of Possession.

25 Nov 2021

The dispute originated from a suit filed in 1987 by Arakeri Abbaiah, the original plaintiff, seeking declaration of ownership and permanent injunction...

Supreme Court

Supreme Court Dismisses Appeal of 100% EOU in Customs Duty Case for Unauthorized DTA Sales of Cut Flowers. Cut Flowers Held Non-Excisable, Duty Leviable on Inputs Under Notification No. 126/94-Cus as Amended, Extended Limitation Period Invoked for Wilful Suppression.

1 Sep 2020

The appeal arises from a dispute between M/s. L.R. Brothers Indo Flora Ltd., a 100% Export Oriented Unit (EOU) engaged in floriculture, and the Commis...

High Court

Bombay High Court Dismisses Appeal in Property Dispute Over Rectification Deed — Upholds Concurrent Findings on Possession and Title. The court held that the plaintiff failed to prove possession and title over the suit property, and the rectification deed did not alter the defendant's prior rights.

30 Jun 2017

The appellant, Shubhangi Ramesh Bhatkar, was the plaintiff in Regular Civil Suit No. 15 of 2006 before the Civil Judge, Senior Division, Ratnagiri. Sh...

Supreme Court

Supreme Court Dismisses Appeal of Sons against Decree Restoring Half Share in Ancestral Land – Customary Law Bars Female Heirs from Taking Advantage of Declaratory Decree Under Punjab Custom (Power to Contest) Act, 1920, Despite Hindu Succession Act, 1956. The Court Examined Whether the Hindu Succession Act Overrode the Customary Competence Requirement, and the Scope of Appellate Power Under Order 41 Rule 33 CPC.

11 Mar 1969

The dispute arose from an ancestral land alienation made by a Hindu Jat, J, in 1916 without legal necessity, governed by Punjab Customary Laws which b...

Supreme Court

Supreme Court Hears Appeal Against High Court's Reversal of First Appellate Court's Decree for Specific Performance of Agreement for Sale. High Court Had Directed Refund of Earnest Money Instead of Specific Performance, Holding That Appellant Failed to Prove Readiness and Willingness.

1 Jan 1970

The litigation arose from an agreement for sale dated 08.01.2010, whereby the defendants agreed to sell two items of immovable property to the appella...

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