Search Results for "Performance Deposit"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
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Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "Performance Deposit"

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High Court

Bombay High Court Dismisses Writ Petition Against SARFAESI Auction Sale for Lack of Alternative Remedy. Petitioner's challenge to auction sale of secured assets fails as remedy under Section 17 of SARFAESI Act before DRT was not exhausted.

10 Dec 2013

The petitioner, Umang Sugars Private Limited, filed a writ petition before the Bombay High Court challenging the auction sale of movable and immovable...

High Court

Bombay High Court Allows Writ Petition Challenging Appellate Order in Leave and License Dispute — Interim Relief Granted to Licensee Pending Suit. The court held that the licensee had a prima facie case and balance of convenience in its favour, and the license was irrevocable under Section 60(b) of the Indian Easements Act, 1882.

22 Dec 2023

The petitioner, Wework India Management Private Limited, filed a writ petition under Article 227 of the Constitution of India challenging an order dat...

High Court

Bombay High Court Sets Aside Arbitral Award for Specific Performance of Development Agreement — Failure to Consider Limitation and Lack of Evidence of Agreement. Section 34 of Arbitration and Conciliation Act, 1996 challenge succeeds as award based on letter dated November 4, 2003 read with unregistered document suffers from patent illegality and perversity.

12 Dec 2025

The Bombay High Court set aside an arbitral award dated August 5, 2017, which had granted specific performance of a development agreement in favor of ...

High Court

Bombay High Court Dismisses Developer's Appeal Against Arbitrator's Refusal of Interim Relief in Development Dispute. Court upholds arbitrator's discretion under Section 17 of Arbitration and Conciliation Act, 1996, finding no patent illegality or perversity in order denying interim injunction to developer under Development Agreement dated 3/2/2018.

5 Apr 2023

The petitioner, M/s Viraj Kamman Real Estate Developers Pvt Ltd, a real estate development company, entered into a Development Agreement dated 3/2/201...

Supreme Court

Supreme Court Allows Bank's Appeal in SARFAESI Act Auction Forfeiture Case — Earnest Money Deposit Forfeiture Upheld as Compensation for Breach of Contract. The Court held that forfeiture of earnest money deposit by a secured creditor under the SARFAESI Act is not subject to proof of actual loss and is governed by the terms of the auction contract, not Sections 73 and 74 of the Indian Contract Act, 1872.

10 Aug 2022

The case involves two appeals by a nationalized bank (appellant) against a common judgment of the Madras High Court, which had allowed the writ petiti...

High Court

Bombay High Court Dismisses Second Appeal for Specific Performance of Sale of Agricultural Land — Upholds Concurrent Findings of Trial and Appellate Courts. The plaintiff failed to prove readiness and willingness to perform the contract, and the courts below correctly dismissed the suit for specific performance.

8 Jun 2016

The appellant (original plaintiff) filed a suit for specific performance of a contract of sale of 6 acres of agricultural land (Gat No. 69/A) situated...

High Court

High Court of Karnataka Delivers Judgment in Two Regular First Appeals Against Common Decree for Specific Performance of Agreements of Sale of Immovable Property. The Appellants Contended That the Agreements Were Sham and Without Consideration, While the Respondents Claimed Breach of the Right of Pre-emption Under a Lease Deed.

3 Feb 2023

The appeals before the High Court of Karnataka arose from two suits (O.S. No. 6281/1994 and O.S. No. 4361/1997) filed for specific performance of two ...

High Court

Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Restoring Arbitral Award That Declared Termination of Master Asset Purchase Agreement by Repudiation. Court Holds That Single Judge Exceeded Scope of Section 34 by Reappreciating Evidence and Substituting His Own View.

30 Jan 2023

The appeal arises from a dispute between V Hotels Ltd (appellant) and Siddhivinayak Realties Pvt Ltd (respondent no. 1) concerning a Master Asset Purc...

High Court

Bombay High Court Allows Second Appeal in Specific Performance Suit, Reverses Appellate Decree on Limitation and Necessary Parties. Limitation under Article 54 of Limitation Act, 1963 begins from date of refusal to perform contract, not from occurrence of contingency.

10 Jan 2024

The case involves a Second Appeal filed by the original plaintiff, Vijay Madhavrao Budhale, challenging the judgment and decree of the District Judge-...

Supreme Court

Supreme Court Allows Appeal Against Execution of Arbitration Award as Specific Performance of Agreement for Sale. Arbitration Award Only Fixed Land Price; Executing Court Could Not Direct Sale Deed Execution Beyond Award's Scope.

8 Sep 2020

The Supreme Court allowed the appeal filed by Firm Rajasthan Udyog and its partners against Hindustan Engineering & Industries Ltd. The dispute origin...

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