Search Results for "past performance"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "past performance"

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High Court

Bombay High Court Quashes Disqualification of Joint Venture in Tender for Irrigation Canal Work; Holds Experience Must Be Cumulatively Assessed Without Reduction by Investment Ratio. The court declares that VIDC's assessment of a joint venture's experience by proportionately reducing each partner's experience to their investment share is arbitrary and inconsistent with tender conditions and commercial sense.

11 Oct 2010

The matter arose from a writ petition under Article 226 of the Constitution of India filed before the Bombay High Court, Nagpur Bench, challenging the...

Supreme Court

Supreme Court Allows Execution Decree Holder to Seek Possession Against Third Party Resisters Under Order XXI Rule 97 CPC. The Court held that executing court can decide objections of third parties claiming independent title without requiring a separate suit, and amendment of execution petition is permissible to avoid multiplicity.

18 Dec 2020

The case arises from a specific performance decree obtained by Ayyavoo Udayar (predecessor of appellants) against vendors (respondent nos. 3 and 4) fo...

High Court

Bombay High Court Allows Appeal Against Rejection of Interim Injunction in Commercial Suit for Specific Performance of Share Pledge Agreement. Court holds that a prima facie case for specific performance of a contract to create a pledge is made out when the contract is clear and the plaintiff has performed its obligations.

23 Jun 2022

The appellant, World Crest Advisors LLP, filed a Commercial Suit against Catalyst Trusteeship Ltd and others seeking specific performance of a share p...

High Court

Bombay High Court Allows Writ Petition Against Customs Demand for Bank Guarantee and Bond for Past Imports — Notification 26/2000-Cus Benefit Cannot Be Withheld Retrospectively Without Show Cause Notice. The court held that demanding security for past final assessments without issuing a show cause notice or alleging fraud violates principles of natural justice and Section 28 of the Customs Act, 1962.

6 Apr 2010

The petitioner, Biharilal Singhal, proprietor of HiTech Corporation, imported Printed Thermal Paper Rolls and filed two Bills of Entry in August 2009....

High Court

Bombay High Court Allows Appeal in Specific Performance Suit — Upholds Appellate Court's Dismissal of Suit. Court holds that plaintiff failed to prove agreement and readiness and willingness, and suit was barred by limitation under Article 54 of Limitation Act, 1963.

3 Jan 2024

The appeal arises from a suit for specific performance of an agreement for sale of immovable property. The plaintiff, Manoj Manilal Gala (appellant), ...

High Court

High Court of Judicature at Bombay Hears Second Appeal on Section 53A Transfer of Property Act in Agricultural Land Possession Suit. Question Raised Whether Defendants Can Claim Protection of Part Performance Without Specific Pleading Despite Past Agreement.

15 Feb 2019

In a dispute over agricultural land, the original plaintiff, claiming as legal heir of her father, filed a suit for possession and mesne profits again...

High Court

High Court of Karnataka Allows Appeal in Specific Performance Suit — Agreement to Sell Not Binding on Owner as Attorney Exceeded Authority. Court holds that a power of attorney must be strictly construed and the attorney cannot bind the principal beyond the express terms of the power, setting aside the decree for specific performance.

15 Jan 2013

The 1st respondent, R. Krishnamurthy, filed a suit for specific performance of an agreement to sell property No.1236, 3rd Cross, I Block, HAL III Stag...

Supreme Court

Supreme Court Allows Appeals in Tender Dispute, Restoring Authority's Decision on Technical Disqualification. The Court held that judicial review of tender decisions is limited to examining arbitrariness, and the tender inviting authority's interpretation of 'same or similar category products' was not perverse or irrational, thus upholding the rejection of the bid based on past performance criteria.

31 Jan 2022

The dispute originated from a Notice Inviting Tender issued by Navodaya Vidyalaya Samiti for the supply of tablets for school children. The tender inc...

High Court

Bombay High Court Dismisses Second Appeal for Specific Performance of Sale of Agricultural Land — Upholds Concurrent Findings of Trial and Appellate Courts. The plaintiff failed to prove readiness and willingness to perform the contract, and the courts below correctly dismissed the suit for specific performance.

8 Jun 2016

The appellant (original plaintiff) filed a suit for specific performance of a contract of sale of 6 acres of agricultural land (Gat No. 69/A) situated...

High Court

Bombay High Court Dismisses Second Appeal in Agricultural Land Possession Suit; Rejects Claim of Part-Performance Under Section 53A of Transfer of Property Act, 1882. Defendants' Possession Deemed Not Protected as They Failed to Prove Written Contract, Payment of Consideration, and Readiness to Perform as Required by Section 53A.

15 Feb 2019

The dispute pertained to agricultural land originally owned by one Gangaram, father of the plaintiff Saraswatibai. After Gangaram's death, the plainti...

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