Search Results for "Performance Deposit"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "Performance Deposit"

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High Court

Bombay High Court Allows Impleadment of Subsequent Purchaser in Suit for Specific Performance — Transfer of Property Act, 1882 Section 52 Does Not Bar Transfer Pendente Lite, But Purchaser Must Be Heard Before Final Decree. The court held that a subsequent purchaser of suit property is a necessary and proper party under Order 1 Rule 10 CPC, and amendment of plaint under Order 6 Rule 17 CPC to incorporate subsequent events should be allowed.

9 Oct 2014

The appeal arises from a suit for specific performance of an agreement to sell a property. The original plaintiffs (appellants) filed Suit No.1241 of ...

High Court

High Court of Bombay, Nagpur Bench, adjudicates appeal against order in a suit for specific performance of contract for sale of agricultural land by a public trust. The appeal concerns the validity of an order rejecting an application to restrain a bank from auctioning the land pending the suit.

29 Nov 2006

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High Court

Bombay High Court Grants Interim Relief to Charterer in Arbitration Dispute Over Vessel Collision - Directs ONGC to Release Withheld Invoices and Maintain Status Quo on Bank Guarantee. The court held that the petitioner made out a strong prima facie case for interim relief under Section 9 of the Arbitration and Conciliation Act, 1996, as the contract did not permit withholding of payments for the collision incident.

6 Jun 2022

The petitioner, Ocean Sparkle Limited, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim relief pending ...

High Court

Bombay High Court Dismisses Application to Rescind Consent Decree and Allows Substitution of Legal Heirs in Recovery Suit. Consent Terms Are Binding Contract; Legal Representatives Can Be Substituted Under Order 22 CPC for Execution of Decree.

29 Oct 2013

The plaintiffs filed a suit (Suit No.2011 of 2002) against the defendants for recovery of Rs.3,30,00,000 with interest. On 3rd October 2006, the parti...

Supreme Court

Supreme Court Allows Appeals in IBC Financial Creditor Classification Case — Security Deposit for Sales Promotion Not a Financial Debt. Held that a security deposit paid under a service agreement for sales promotion does not constitute a financial debt under Section 5(8) of the Insolvency and Bankruptcy Code, 2016, as there is no disbursal for time value of money or commercial effect of borrowing.

25 Apr 2024

The Supreme Court allowed appeals against NCLAT judgments that classified security deposits paid by sales promoters as financial debts under the Insol...

High Court

Bombay High Court Hears Revenue's Appeal Against Tribunal's Direction to Use Municipal Rateable Value for Determining Annual Letting Value Under Section 23(1)(a) of Income Tax Act, 1961. The Court Examines Whether Comparable Market Instances or Municipal Valuation Should Prevail When Property Is Not Subject to Rent Control Legislation.

8 Aug 2014

The matter comprised multiple income tax appeals filed by the Revenue under Section 260A of the Income Tax Act, 1961, challenging common orders of the...

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...

Supreme Court

Supreme Court Dismisses Appeal in Specific Performance Suit for Want of Proof of Readiness and Willingness. Plaintiff Failed to Aver and Prove Continuous Readiness and Willingness Under Section 16(c) of the Specific Relief Act, 1963.

15 Feb 2019

The appellant, Mehboob-ur-Rehman (since deceased, represented by legal representatives), filed a suit for specific performance of an agreement to sell...

High Court

Bombay High Court Allows Amendment in Specific Performance Suit to Add Alternative Claim for Damages and Refund. Amendment seeking alternative relief of damages and refund in lieu of specific performance does not introduce a new cause of action and is not barred by limitation under Article 137 of Limitation Act, 1963.

6 Feb 2013

The appeal arose from a decision of a Learned Single Judge of the Bombay High Court dated 6 March 2012, allowing an amendment to the plaint in a suit ...

High Court

Gujarat High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sale of New Tenure Land by Adivasi Requires Government Permission; Plaintiff Failed to Prove Readiness and Willingness.

7 Jan 2026

The appellant, Shantaben Gopalbhai Tadvi, filed a Second Appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the concurrent jud...

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