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Supreme Court Allows Appellants in Specific Performance Suit by Reversing High Court Division Bench Judgment. Agreements and Memoranda of Understanding Interpreted Together as Supplementary, with Appellants Found Ready and Willing to Perform Contract Under Specific Relief Act, 1963.

The dispute arose from four suits filed by the Appellants for specific performance of agreements of sale dated 20.03.1991 and memoranda of understandi...

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Bombay High Court Dismisses Appeal for Specific Performance of Oral Agreement for Sale of Shop. Oral Agreement for Sale of Immovable Property Not Enforceable Under Section 54 of Transfer of Property Act, 1882 and Section 17 of Registration Act, 1908.

The appellant, original plaintiff, filed an appeal against the judgment of a learned Single Judge of the Bombay High Court in Suit No.590 of 1980, whe...

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Bombay High Court Dismisses Appeal Against Refusal to Injunction Bank Guarantee Encashment in Commercial Dispute. No Case of Fraud or Irretrievable Injustice Made Out to Restrain Bank Guarantee Invocation Under Contract Law Principles.

The appeal arises from an order of the learned Single Judge refusing to grant an injunction restraining the respondent from encashing a bank guarantee...

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Supreme Court Reinstates Specific Performance Decree in Land Sale Agreement Dispute. Trial Court's Discretion to Enhance Sale Consideration Upheld as Plaintiff Demonstrated Readiness and Willingness Under Specific Relief Act, 1963.

The dispute arose from an agreement to sell dated 07.08.2005, where the defendants agreed to sell land to the plaintiff for Rs. 8,750 per cent, with a...

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Madras High Court Hears Appeal Against Specific Performance Decree in Suit Involving Agreement of Sale. Trial Court's Grant of Relief Challenged on Grounds of Unregistered Agreement and Alleged Lack of Possession by Plaintiff.

The appeal arose from a decree for specific performance granted by the trial court in O.S.No.473/2006. The plaintiff, V.Gurusamy, filed the suit claim...

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Bombay High Court Dismisses Petition Challenging Execution of Possession Warrant in Specific Performance Decree. Decree for Specific Performance Implicitly Includes Possession Even Without Express Direction, and Executing Court Can Issue Warrant After Sale Deed Execution.

The petitioner, Baliram Kakde, challenged an order dated 13.06.2018 passed by the executing Court in RD No.38 of 2015, which allowed the application f...