Search Results for "specific performance"

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Search Results for "specific performance"

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High Court

Bombay High Court Dismisses Petition Challenging Amendment of Written Statement to Include Counterclaim in Specific Performance Suit. Amendment Allowed as Trial Not Commenced and No Prejudice Caused to Plaintiffs Under Order VI Rule 17 CPC.

30 Aug 2013

The petitioners, original plaintiffs, filed Regular Civil Suit No.135 of 2007 seeking specific performance of an agreement dated 9.3.1998 and claimed ...

High Court

Bombay High Court Allows Writ Petition Challenging Executing Court's Direction to Decree Holder to Obtain Permission for Sale Under Maharashtra Project Affected Persons Rehabilitation Act, 1999. Executing Court Cannot Impose Obligation on Decree Holder to Obtain Permission Under Section 12 of the Act as the Duty Lies on the Judgment Debtor Transferor.

30 Aug 2013

The petitioner, Narayan s/o Govind Rekhawar, filed a suit for specific performance of an agreement of sale against the respondents, Abhijit s/o Manikr...

High Court

Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sell by Minor's Guardian Without Court Permission Under Section 8 of Hindu Minority and Guardianship Act, 1956.

16 Aug 2013

The appellant, Kasturbai Himmat Patil, filed a suit for specific performance of contract against the original defendant Lilabai Patil, alleging that L...

High Court

Bombay High Court Allows Appeals Against Interim Injunction in Property Dispute Over Succession and Conveyance Validity. Court holds that the trial court's order granting blanket injunction without considering balance of convenience and prima facie title was unsustainable under Order 39 Rules 1 and 2 CPC.

24 Jul 2013

The judgment arises from three appeals filed by defendants against an interim order passed by the 8th Civil Judge, S.D., Thane on 3rd January 2013 in ...

High Court

Bombay High Court Allows Appeal in Specific Performance Suit — Agreement to Sell Not Proved as Plaintiff Failed to Produce Original Document and Attesting Witness. Adverse Inference Drawn Under Section 114(g) of Indian Evidence Act, 1872 for Non-Production of Original Agreement.

13 Jun 2013

The appellant, original defendant, challenged the decree of specific performance passed by the trial court in favour of the respondents/plaintiffs. Th...

High Court

Bombay High Court Dismisses Builder's Suit for Specific Performance of Redevelopment Contract Against Cooperative Society. Expression of Interest Held Not a Binding Contract, No Obligation to Accept Highest Bid.

10 Jun 2013

The plaintiff, Gopi Gorwani, a builder and developer, filed a suit against Ideal Cooperative Housing Society Limited and others seeking a declaration ...

High Court

Bombay High Court Allows Execution Petition for Specific Performance Despite Delay, Holding Limitation for Execution Runs from Date of Decree Becoming Final. The court clarified that under Article 136 of the Limitation Act, 1963, the 12-year period for execution of a decree for specific performance commences from the date the decree becomes final, not from the date of the decree.

13 Jun 2013

The petitioner, the original plaintiff in Special Civil Suit No.1208 of 1994, filed a suit for specific performance of an Agreement of Sale dated 25th...

High Court

Bombay High Court Allows Amendment to Plaint in Suit for Specific Performance — Period of Bona Fide Prosecution of Earlier Proceedings Excluded for Limitation Under Section 14 of Limitation Act, 1963. The court permitted the plaintiff to amend the plaint to seek exclusion of time spent in prosecuting a suit and appeal in the Small Causes Court, holding that such amendment is necessary for determining the real controversy and does not change the nature of the suit.

10 May 2013

The plaintiff, Bharat Petroleum Corporation Ltd. (BPCL), filed a suit for specific performance against the defendants in the Bombay High Court. The su...

High Court

High Court of Bombay Dismisses Petition Challenging Arbitral Award in Warehousing Agreement Dispute — Licensee Not Entitled to Specific Performance or Injunction. Court upholds Arbitrator's finding that the agreement was a license, not a lease, and that claims for specific performance and injunction were barred under Sections 14 and 41(e) of the Specific Relief Act, 1963.

9 Apr 2013

The Petitioner, M/s. Thakker Warehousing Agency, a partnership firm, entered into a warehousing agreement with the Respondent, Maharashtra Small Scale...

High Court

Bombay High Court Dismisses Defendant's Chamber Summons to Strike Out Affidavit of Evidence in Specific Performance Suit — Affidavit of Evidence Not a Pleading Under Order 6 Rule 16 CPC. Court Holds That Averments Not in Written Statement May Be Allowed If They Do Not Introduce a New Case or Cause Prejudice.

20 Mar 2013

The Plaintiffs filed a suit for specific performance of a contract based on an unsigned MOU. The Defendant filed a written statement after a delay of ...

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