Search Results for "Specific performance"

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"High Court of Bombay: Commercial Arbitration Appeal" "Exploring the scope of judicial review under Section 34 and 37 of the Arbitration and Conciliation Act, 1996, addressing readiness, willingness, and compensation issues in a shareholder dispute."

Arbitration Scope: The Court clarified the restrictive jurisdiction under Section 34 and 37 of the Arbitration and Conciliation Act, emphasizing minim...

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Possession Relief in Specific Performance Decree: Supreme Court Clarifies Law. Even without an express relief for possession in a specific performance decree, the court can enforce possession rights under the Specific Relief Act and Transfer of Property Act.

The Supreme Court upheld the High Court’s order that directed the executing court to hand over possession to the decree-holder, even though the decr...

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Dispute Over Flats Ownership and Specific Performance. High Court Resolves Complex Real Estate Ownership and Contractual Dispute.

1. Background Disputes arose regarding ownership and specific performance of agreements for Flats Nos. 901, 902, 1001, and 1002 in Mangal Kunj, "B"...

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Supreme Court Sets Aside Specific Performance in a Property Dispute. Equitable relief denied due to buyer's conduct and financial incapacity.

The Supreme Court of India,  overturned the High Court's decree for specific performance. The Court restored the Trial Court's decision dismissing t...

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"Admissibility of Counter-claims and Jurisdiction: High Court Quashes Trial Court Order" "Upholding jurisdictional boundaries and procedural precision in civil litigation."

1. Background of the Case: Petitioner: Filed a suit for specific performance of contract. Respondent: Filed a counter-claim asserting possession a...

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Arbitration Clause Rendered Ineffective After Sale Deed Execution, Rules Bombay High Court “Mere historical reference to an Agreement doesn’t sustain arbitration rights if the contract has ceased to exist.”

The case revolves around whether disputes arising out of a Memorandum of Understanding (MoU) and related documents, which lacked a specific arbitratio...

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Review Petition in Supreme Court challenges the interpretation of contract clauses and seeks specific performance in a property transaction dispute.

This case pertains to the review petition filed by Siddamsetty Infra Projects Pvt. Ltd. challenging the Supreme Court’s previous judgment. The petit...

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"High Court Decrees Specific Performance; Doctrine of Lis Pendens Applied to Override Subsequent Sale" "Litigation pendente lite affects all subsequent alienations, regardless of notice to the purchaser."

The appeal was dismissed, affirming the High Court’s decision that allowed the specific performance of a sale agreement. The High Court applied the ...

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Supreme Court Overturns Judgments in Land Sale Dispute, Citing Fraudulent Agreement. "High Court and Lower Courts' Concurrent Findings on Sale Agreement Deemed Perverse."

The Supreme Court set aside the judgments of the High Court of Punjab and Haryana and the lower courts, finding that the land sale agreement in questi...