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Search Results for "specific performance"

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High Court

Bombay High Court Allows Amendment to Include Specific Performance in Suit for Injunction — Limitation Period Computed from Notice of Refusal. The court held that the plaintiff had notice of refusal only after the period granted for performance expired, and the amendment was within limitation under Article 54 of the Limitation Act, 1963.

17 Jan 2005

The petitioner, original plaintiff, filed a suit on 6.3.1996 for an injunction restraining the respondents from obstructing his peaceful possession ov...

High Court

Bombay High Court Allows Extension of Time for Deposit in Specific Performance Decree Under Section 28 of Specific Relief Act and Section 148 CPC. The court held that the trial court has power to extend time for deposit even after expiry of originally fixed period, and the court does not become functus officio.

19 Jan 2005

The petitioner, Tanaji Narayan Maske, obtained a decree for specific performance of a contract against the respondent, Bharat Sukhadev Thite, on 2 May...

High Court

Bombay High Court Allows Second Appeal in Specific Performance Suit — Agreement Not Signed by Plaintiff Renders Suit Unenforceable. The court held that an agreement to sell not signed by the plaintiff seeking specific performance cannot be enforced, setting aside the decrees of the lower courts.

2 Feb 2005

The case involves a second appeal before the Bombay High Court arising from a suit for specific performance of an agreement to sell. The original plai...

High Court

Bombay High Court Allows Second Appeal in Specific Performance Suit — Agreement to Sell Not Void Under Fragmentation Act and Minor's Contract Not Voidable. The court set aside the decree for specific performance, holding the agreement void under Section 31 of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act and due to the plaintiff's minority.

24 Feb 2005

The case involves a second appeal filed by the original defendant, Namdeo Sayaji Dhavale, challenging a decree for specific performance of an agreemen...

High Court

Bombay High Court Dismisses Second Appeals in Specific Performance Suit — No Substantial Question of Law Arises. Court declines to frame substantial questions of law under Section 100 CPC as findings of fact by lower appellate court were not shown to be perverse.

14 Feb 2005

The appellants, original plaintiffs, filed two second appeals against the judgment and decree of the lower appellate court in a suit for specific perf...

High Court

Bombay High Court Dismisses Suit for Specific Performance of Oral Agreement for Sale of Basement Premises. Agreement Not Proved and Relief Barred by Limitation and Doctrine of Part Performance.

4 Feb 2005

The plaintiffs, a partnership firm, filed a suit for specific performance of an oral agreement dated 30.11.1977 for the purchase of a basement-cum-god...

High Court

High Court of Bombay at Goa Dismisses Writ Petitions Challenging Arbitral Award in Mining Lease Dispute. Court upholds award of specific performance and damages for breach of contract under the Arbitration and Conciliation Act, 1996.

30 Nov -0001

The judgment involves two writ petitions filed under Article 226 of the Constitution of India challenging an arbitral award dated 30th September 2004 ...

High Court

Bombay High Court Allows Appeal Against Review Order in Suit for Specific Performance — Review Granted Without Notice to Plaintiffs Violates Principles of Natural Justice. The trial court's order allowing review under Order 47 Rule 4 CPC without notice to the opposite party is illegal and set aside, restoring the original decree.

8 Feb 2005

The appellants, original plaintiffs, filed a suit for specific performance of contract against the respondents, original defendants. The trial court d...

High Court

Bombay High Court Allows Specific Performance Appeal in Land Sale Agreement Case — Plaintiff's Readiness and Willingness Established Despite Defendant's Loan Transaction Defence. The court held that the plaintiff's conduct of giving notice and filing suit before the stipulated date demonstrated readiness and willingness under Section 16(c) of the Specific Relief Act, 1963.

1 Dec 2005

The appellant, original plaintiff, filed a suit for specific performance of an agreement of sale dated 14-12-1988, whereby the respondent-defendant ag...

High Court

Bombay High Court Upholds Specific Performance Decree in Property Sale Agreement Case — Discretion Properly Exercised Based on Evidence of Readiness and Willingness. The court confirmed the decree for specific performance of an agreement for sale dated 6/2/1980 for consideration of Rs.18,000/- with part payment of Rs.8,000/-.

23 Dec 2005

The case involves a second appeal arising from a decree for specific performance of an agreement for sale dated 6/2/1980. The suit property, Municipal...

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