Search Results for "specific performance"

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Search Results for "specific performance"

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High Court

High Court of Karnataka Allows Writ Petition in Part in Specific Performance Suit — Reduces Penalty on Insufficiently Stamped Agreement of Sale and Family Settlement Deed. The court directed acceptance of reduced penalty amounts of Rs.2,200/- and Rs.100/- respectively and admission of documents in evidence, quashing the trial court's order on duty and penalty.

5 Oct 2023

The petitioner, J. Ramappa, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Dharwa...

High Court

High Court of Karnataka Dismisses Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sell Not Proved as Plaintiff Failed to Examine Attesting Witnesses and Handwriting Expert, and Suit Property Not Identified.

13 Sep 2023

The appellant, M/s. Jamnalal Bajaj Seva Trust, filed a Regular First Appeal under Section 96 of the CPC against the judgment and decree dated 30.04.20...

High Court

Bombay High Court Allows Appeals in Mortgage Redemption and Specific Performance Dispute — Remands for Fresh Consideration of Limitation and Validity of Agreements. The court set aside the Appellate Court's common judgment and remanded the matters for fresh disposal, emphasizing the need for proper consideration of evidence and legal principles.

6 Jun 2006

The case involves two cross-appeals arising from a mortgage and an agreement to sell the same suit land. The respondent No.1, owner of the suit land, ...

High Court

Bombay High Court Allows Appeal by Housing Society in Property Dispute Over Water Connection and Construction. Developer's Agreement to Provide Water Connection and Restrict Construction Held Binding.

16 Mar 2006

The case involves two cross-appeals arising from a judgment and decree dated 31st March 2004 in L.C. Suit No. 786 of 2004. The appellants in First App...

High Court

Bombay High Court Dismisses Appeal in Specific Performance and Easement Case — Plaintiff Fails to Prove Right of Way. Court holds that permissive user does not create easement of necessity or prescriptive easement under Indian Easements Act, 1882.

31 Mar 2006

The appellant, Smt. Shalini Laxman Wadnerkar, as the sole surviving legal representative of the original plaintiff G.G. Suvarnapathak, appealed agains...

High Court

Bombay High Court Dismisses Appeal in Property Suit — Upholds Order Rejecting Plaint for Non-Disclosure of Cause of Action. Failure to Establish Title and Possession Leads to Rejection of Plaint Under Order VII Rule 11 CPC.

30 Nov -0001

The appellant, M/s. Rizvi Builders, a proprietary concern of Mr. Akhtar Hasan Rizvi, filed a suit against the respondents, who are members of a Hindu ...

High Court

Bombay High Court Dismisses Notice of Motion for Appointment of Court Receiver in Specific Performance Suit — Receipt Held Not a Concluded Contract. Document dated 8.9.2000 lacked essential terms such as time for payment of balance consideration and delivery of possession, thus not enforceable under Specific Relief Act, 1963.

20 Feb 2006

The plaintiff, Motilal Manshi Shah, filed a suit seeking specific performance of an alleged agreement for sale dated 8.9.2000 in respect of a property...

High Court

High Court of Karnataka Dismisses Appeal in Specific Performance Case — Ex-parte Decree Set Aside Due to Improper Service of Summons. First Appellate Court's Order Restored as Trial Court Failed to Comply with Order V Rule 17 CPC.

14 Jan 2022

The appellant/plaintiff filed a suit for specific performance of contract (O.S.No.126/2007) alleging that the respondent/defendant executed an agreeme...

High Court

Bombay High Court Allows Appeal in MOFA Act Dispute Over Carpet Area Representation — Interim Injunction Granted to Protect Purchaser's Rights Pending Trial. The court held that the purchaser had made out a prima facie case and balance of convenience favoured grant of injunction to protect the subject matter of the suit under the Maharashtra Ownership of Flats Act, 1963.

11 Dec 2013

The appellants, Mrs. Sarika Paresh Mehta and Mr. Paresh Ratilal Mehta, original plaintiffs, entered into an agreement with the respondent, ERA Realtor...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Condonation of Delay in Appeal — Limitation Act Section 5 Application Properly Allowed as Sufficient Cause Shown. The court held that the explanation of the respondent that he was under the impression that the decree was not binding due to lack of service of summons constituted sufficient cause for condonation of 30 days delay.

15 Jul 2022

The petitioner, Sri Shivananjegowda, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 11.10.20...

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