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Search Results for "specific performance"

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High Court

Bombay High Court Allows Appeals Under Section 37 of Arbitration Act, Restoring Arbitral Award in Shareholder Dispute. Court Holds That Single Judge Exceeded Jurisdiction Under Section 34 by Reappreciating Evidence and Substituting His Own View.

13 Mar 2013

The case involves two appeals under Section 37 of the Arbitration and Conciliation Act, 1996, filed by M/s. Goldstar Metal Solutions Pvt. Ltd. and M/s...

High Court

Bombay High Court Allows Appeal Against Remand Order in Specific Performance Suit — Lower Appellate Court Directed to Decide Appeal on Merits. Remand Under Order XLI Rule 23 CPC Requires Satisfaction of Conditions; Appellate Court Cannot Remand Without Deciding Appeal on Merits.

6 Mar 2013

The appellant, Subhash Moralwar, filed a suit for specific performance of contract against the respondents, Vilas Wankhede and others, in the trial co...

High Court

Bombay High Court Allows Exhibition of Insufficiently Stamped Agreement to Sale Subject to Payment of Stamp Duty and Penalty — Section 34 of Bombay Stamp Act, 1958 Does Not Bar Exhibition for Collateral Purpose

14 Mar 2013

The petitioner, original plaintiff, filed Special Civil Suit No.904 of 2005 for specific performance of an agreement to sale dated 31-1-2005 in respec...

High Court

High Court of Karnataka Allows Appeal in Specific Performance Suit — Agreement of Sale Not Proved as Genuine and Enforceable. Plaintiff Failed to Establish Readiness and Willingness to Perform Contract Under Section 16(c) of Specific Relief Act, 1963.

20 Jul 2021

The appeal arises from a suit for specific performance of an agreement of sale dated 12.04.2005. The plaintiff (respondent No.1) claimed that defendan...

High Court

High Court of Karnataka Allows Amendment in Specific Performance Suit to Include Alternative Relief of Refund of Advance Sale Consideration. Amendment Sought Under Order VI Rule 17 CPC Must Be Liberally Allowed to Avoid Multiplicity of Proceedings and Does Not Change Nature of Suit.

8 Jun 2021

The petitioner-plaintiff filed a suit for specific performance of contract in O.S.No.103/2014 before the Senior Civil Judge, Chikodi. During the pende...

High Court

High Court of Karnataka Quashes Deputy Commissioner's Order in SC/ST Land Dispute — Petitioner's Suit for Specific Performance Decreed, Deputy Commissioner's Order Set Aside for Lack of Jurisdiction. The Deputy Commissioner lacked jurisdiction to pass an order under the SC/ST (Prevention of Atrocities) Act, 1989, in a civil dispute concerning specific performance of a sale agreement.

5 Mar 2021

The petitioner, Smt. Sunandamma, entered into an agreement to purchase land on 29.09.1994 and filed a suit for specific performance of contract. The c...

High Court

High Court of Karnataka Sets Aside Order Relegating Plaintiff to Arbitration Under Section 8 of Arbitration and Conciliation Act, 1996 — Non-Signatory to Arbitration Agreement Cannot Invoke Section 8 Against Willing Party. Amendment to Section 8 in 2016 is Procedural and Retrospective, But Does Not Confer Right on a Non-Party to Compel Arbitration.

17 Mar 2021

The petitioner, Smt. Sushma Swaraj, filed a suit for specific performance (O.S. No. 458/2014) against M/s Blue Valley Properties Pvt. Ltd. (1st defend...

High Court

Bombay High Court Dismisses Builder's Suit for Specific Performance and Damages in Construction Contract Dispute. Termination of Agreement Upheld as Another Contractor Completed the Buildings, Making Specific Performance Impossible.

20 Feb 2013

The plaintiff, M/s. Gurudev Developers, a partnership firm, filed a suit against the defendant, Kurla Konkan Niwas CHS Ltd., seeking specific performa...

High Court

Bombay High Court Allows Amendment of Plaint to Claim Alternative Relief of Possession in Suit for Specific Performance. The Court held that amendment of pleadings can be allowed even after trial has begun if no new evidence is required and no prejudice is caused, and that Article 137 of the Limitation Act does not apply to such amendments.

11 Feb 2013

The Petitioner, Shashikant Jagannath Powar, filed a Suit for specific performance of a contract against the Respondents, Baburao Huvappa Kurhade (dece...

High Court

Bombay High Court Dismisses Writ Petition Challenging Arbitration Award in Development Agreement Dispute. Court Holds That Findings of Fact by Arbitrator Cannot Be Reopened Under Article 226 Unless Perverse or Contrary to Law.

24 Jan 2013

The petitioners, eight individuals, filed a writ petition under Article 226 of the Constitution of India challenging an arbitration award dated 30th J...

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