Search Results for "conditional deposit"

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High Court

Bombay High Court Dismisses Contempt Petition for Alleged Willful Breach of Consent Terms — No Willful Disobedience Established as Order Was Ambiguous and Compliance Was Substantial. The court held that ambiguity in the order must be resolved in favor of the alleged contemnor and that contempt requires proof of willful and deliberate disobedience beyond reasonable doubt.

4 May 2026

The contempt petition was filed by Dr. Hari Tulshiram Gholap and Dr. Prabiha Hari Gholap (original plaintiffs) against Shri Jitendra Rajaram Savant an...

High Court

Gujarat High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sale of New Tenure Land by Adivasi Requires Government Permission; Plaintiff Failed to Prove Readiness and Willingness.

7 Jan 2026

The appellant, Shantaben Gopalbhai Tadvi, filed a Second Appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the concurrent jud...

Supreme Court

Supreme Court Allows Landlords' Appeal in Kerala Rent Control Case — Holds That Section 12(3) Eviction Order Can Be Passed Without Fresh Section 12(1) Application During Appeal. The Court interpreted Section 12 of the Kerala Buildings (Lease and Rent Control) Act, 1965 to hold that the Rent Control Appellate Authority has power to pass eviction order for non-payment of rent during appeal without requiring a fresh application under Section 12(1).

21 Nov 2025

The case involves two shops in Kochi, Kerala, taken on monthly rent by the respondent-tenant from the appellants-landlords. The landlords alleged that...

Supreme Court

Supreme Court Allows Appeal in Conditional Sale Dispute — Holds That Transaction Was a Sale with Condition of Repurchase, Not a Mortgage. The Court restored the Trial Court's decree dismissing the suit for specific performance, finding that the conditional sale deed dated 5.8.1977 was an out-and-out sale with a condition of repurchase, and the suit filed in 1983 was premature as the condition could only be exercised by July 1984.

4 Jul 2023

The case involves a dispute over a property in Patna. Kishori Lal Sahu, the original owner, along with his son, executed a conditional sale deed dated...

Supreme Court

Supreme Court Upholds Employer's Acceptance of Voluntary Retirement Under Modified Voluntary Retirement Scheme (MVRS). Resignation Submitted Under MVRS Was Unconditional and Could Not Be Withdrawn After Acceptance, as Per Scheme Terms Under Clause 5.1.

27 Sep 2021

The dispute arose from the respondent's resignation under the Modified Voluntary Retirement Scheme (MVRS) introduced by the appellants, a public secto...

High Court

Bombay High Court Dismisses Appeal Against Deposit Condition in Commercial Suit — Upholds Order Requiring Defendant to Deposit Rs.1.5 Crore for Reconsideration of Earlier Condition. Court Held That Imposition of Deposit Condition Was Not Arbitrary and Defendant Failed to Show Any Change in Circumstances.

18 Mar 2016

The appellant, Sunil B. Bhosale, was the original defendant in Suit No.4351 of 1996 filed by the respondent, Kamal Organic Chemicals, a division of Ki...

High Court

Bombay High Court Makes Conditional Winding Up Order in Contract Dispute Over Endorsements. Interpretation of contract endorsements determines existence of debt under Companies Act, 1956.

7 Feb 2014

The petitioner, Reliance Broadcast Network Limited, filed a winding up petition under the Companies Act, 1956 against the respondent, Raj Oil Mills Lt...

High Court

High Court of Bombay Restrains Bank from Honoring Bank Guarantee Invocation After Completion of Contract — Invocation Held Invalid as Guarantee Ceased to Be Operative. The court held that the bank guarantee had ceased to be operative upon completion of the contract as certified by the Independent Engineer, and the beneficiary's invocation was not in terms of the guarantee.

12 Apr 2013

The plaintiff, M/s. ABG Kandla Container Terminal Ltd., filed a suit seeking declarations that a bank guarantee had ceased to be operative and that th...

High Court

Bombay High Court Allows Summary Judgment for Recovery of Security Deposit in Leave and Licence Dispute. Court holds that unconditional leave to defend cannot be granted when defendant fails to raise triable issues and admits liability in correspondence.

21 Jun 2012

The plaintiff, Sanjog Sadanand Parab, filed a summary suit under Order XXXVII of the Code of Civil Procedure, 1908, against the defendants, B.P. Ghard...

High Court

Bombay High Court Dismisses Revision Against Execution of Decree for Specific Performance of Contract — Objection to Executability Rejected as Decree Was Not Conditional on Deposit of Balance Consideration. The decree directed defendant to execute sale deed within two months of plaintiff paying balance consideration; failure to deposit within two months does not bar execution.

7 Feb 2012

The case involves a civil revision application challenging an order dated 3-12-2007 passed by the Civil Judge, Senior Division, Bhandara, rejecting th...

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