Search Results for "specific performance"

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Search Results for "specific performance"

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High Court

Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Amendment Seeking Declaration of Co-ownership Barred by Limitation. Section 58 of Limitation Act, 1963 applies to amendments introducing new claims after expiry of limitation period.

10 Mar 2005

The case involves a second appeal arising from a suit for specific performance of an agreement for sale of immovable property. The original plaintiffs...

High Court

Bombay High Court Allows Second Appeal in Agreement for Sale Dispute — Finds Courts Below Erred in Upholding Genuineness of Agreement Without Considering Material Contradictions and Failure to Obtain Permission. Condition Precedent of Obtaining Permission from Sub Divisional Officer Not Fulfilled, Rendering Agreement Unenforceable.

23 Mar 2005

The case involves a second appeal arising from a suit for specific performance of an agreement for sale. The appellant (original defendant) executed a...

High Court

Bombay High Court Allows Appeal in Suit for Specific Performance of Flat Sale Agreement, Holding That Trial Court Erred in Returning Plaint on Ground of Lack of Jurisdiction Without Considering That Part of Cause of Action Arose Within Its Territorial Limits. The Court Directed the Trial Court to Proceed with the Suit on Merits.

7 Mar 2005

The appellant, original plaintiff, filed a Short Cause Suit No. 3585 of 2001 seeking enforcement of an agreement dated 30th March 2000 executed by Res...

High Court

Bombay High Court Dismisses Appeal for Specific Performance of Agreement to Sell Property, Upholds Trial Court's Discretion to Grant Alternative Relief of Refund with Interest. Court holds that refusal of specific performance was justified due to plaintiffs' failure to prove readiness and willingness to perform their part of the contract.

9 Jun 2005

The appellants, original plaintiffs, filed an appeal against the judgment and order dated 6th March 1999 passed by the Additional Civil Judge, Senior ...

High Court

Bombay High Court Allows Amendment of Written Statement to Include Counterclaim in Specific Performance Suit — No Bar Under Order VIII Rule 6A CPC for Counterclaim Arising After Filing Suit. The court held that a counterclaim arising after the suit but before filing of written statement can be introduced by amendment under Order VI Rule 17 CPC, and such counterclaim is not barred by limitation if filed within three years under Article 113 of the Limitation Act, 1963.

20 Jan 2005

The petitioner, Mrs. Ivy Muriet Fonseca, was the defendant in Special Civil Suit No. 85/2001/C filed by the respondent, Mr. Porus Adi Dotor, seeking s...

High Court

Bombay High Court Allows Petition Challenging Rejection of Application Under Section 151 CPC for Consolidation of Suits — Civil Procedure Code, 1908, Section 151 — Consolidation of Suits. The court held that consolidation is permissible when common questions of law and fact arise and to avoid multiplicity of proceedings and conflicting decrees.

20 Jan 2005

The petitioner, Mrs. Ivy Muriet Fonseca, filed a writ petition challenging an order dated 17.7.2004 passed by the Civil Judge, Senior Division, 'C' Co...

High Court

Bombay High Court Dismisses Petition Challenging Suit by Guarantor for Specific Performance of Agreement to Sell. Guarantor's right to sue for specific performance of an agreement to sell immovable property is maintainable under Section 15(b) of the Specific Relief Act, 1963, as a person who has paid consideration and is in possession can enforce the contract.

10 Jan 2005

The petitioners, M/s Bamco Tech Pvt. Ltd. and M/s S.M. Computers Pvt. Ltd., filed a writ petition challenging the rejection of their application under...

High Court

Bombay High Court Allows Defendant to Produce Documents in Specific Performance Suit — Liberal Approach to Production of Documents Under CPC. Trial Court's Rejection of Application for Production of Documents Set Aside as Premature and Contrary to Law.

20 Jan 2005

The petitioner, Mrs. Ivy Muriet Fonseca, was the defendant in Special Civil Suit No.85/2001/C filed by the respondent, Mr. Porus Adi Doctor, for speci...

High Court

Bombay High Court Allows Specific Performance Appeal Despite Unproven Part Payment. Failure to Prove Payment of Rs.300 Does Not Justify Refusal of Specific Performance When Plaintiff Shows Readiness and Willingness.

14 Jan 2005

The appellant-plaintiff filed a suit for specific performance of an agreement for sale dated 6th June 1974, whereby the respondent-defendant agreed to...

High Court

Bombay High Court Dismisses Appeal Against Order Refusing to Set Aside Ex-Parte Decree in Suit for Specific Performance — Held That Application Under Order 9 Rule 13 CPC Was Not Maintainable as the Decree Was Not Ex-Parte But on Merits After Written Statement Was Filed.

30 Nov -0001

The appellants, Jagdish Tukaram Mulik and others, filed an appeal against an order of the Civil Judge, Senior Division, Pune, dismissing their applica...

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