Search Results for "specific performance decree"

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Search Results for "specific performance decree"

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High Court

Madras High Court Dismisses Appeal for Specific Performance of Sale Agreement — Plaintiff Fails to Prove Readiness and Willingness. Time was not of essence but plaintiff's conduct showed lack of continuous readiness, disentitling him to discretionary relief under Section 16(c) of the Specific Relief Act, 1963.

12 Feb 2026

The appellant/plaintiff filed a suit for specific performance of a sale agreement dated 09.03.2006 for 51 cents of land at Rs.25,000 per cent. He paid...

Supreme Court

Supreme Court Allows Appeals by State Bank of India in Jet Airways Insolvency Case — Holds Performance Bank Guarantee Cannot Be Adjusted Against Resolution Plan Payment and Non-Implementation Leads to Liquidation. The Court ruled that the SRA's failure to pay airport dues and employee dues constituted non-implementation of the Resolution Plan under Section 33(3) IBC, 2016, and the PBG cannot be set off against the first tranche payment.

13 Nov 2024

The case pertains to the Corporate Insolvency Resolution Process (CIRP) of Jet Airways (India) Limited, initiated by State Bank of India (SBI) under S...

Supreme Court

Supreme Court Upholds Arbitral Award in Commercial Contract Dispute — Joint and Several Liability of Holding Company and Subsidiary Upheld. Division Bench's restoration of award under Section 37 of Arbitration and Conciliation Act, 1996 affirmed, rejecting challenge on grounds of patent illegality and public policy.

3 Sep 2024

The case arises from a dispute between OPG Power Generation Private Limited (OPG) and its holding company Gita Power and Infrastructure Private Limite...

Supreme Court

Appeal for Specific Performance in Property Sale Agreement Dismissed. First Plaintiff Awarded One-Half Undivided Share; Lower Courts' Decisions Upheld with Modifications

9 Jul 2024

The appeal challenging the decree of specific performance of a property sale agreement was dismissed. The trial court, first appellate court, and High...

High Court

High Court of Karnataka Allows Appeal in Specific Performance Suit — Agreement for Sale Enforceable Despite Non-Payment of Balance Consideration on Stipulated Date. Plaintiff's Readiness and Willingness Established by Depositing Balance in Court and Filing Suit Within Time; Time Not Essence of Contract in Immovable Property.

27 Feb 2024

The appellant-plaintiff filed a suit for specific performance of an agreement for sale dated 20.07.2006, whereby the respondent-defendant agreed to se...

Supreme Court

Supreme Court Allows Appeals in Specific Performance Suit — Agreement to Sell BDA Allotted Site Within Prohibited Period Held Unlawful. Court sets aside decree for specific performance as the agreement violated Rule 18(2) of the Bangalore Development Authority (Allotment of Sites) Rules, 1972, which prohibited alienation for ten years.

18 Jan 2022

The case involves a suit for specific performance of an agreement to sell a site allotted by the Bangalore Development Authority (BDA). The first defe...

High Court

Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement for Sale Not Proved as Plaintiff Failed to Establish Readiness and Willingness to Perform Contract.

16 Sep 2016

The original plaintiff, Vijay Laxmipati Dasari (since deceased, represented by his legal heirs), filed a suit for specific performance of an agreement...

High Court

Bombay High Court Dismisses Second Appeal in Specific Performance Suit, Upholds Concurrent Findings on Readiness and Willingness. Agreement for Sale of Land Executed in 1975, Suit Filed in 1985, Dismissed as Time-Barred and for Failure to Prove Continuous Readiness.

4 Mar 2016

The respondent no.1/plaintiff, a cooperative housing society, filed a suit for specific performance of an agreement for sale of land dated 30.1.1975, ...

High Court

Bombay High Court Allows Execution Petition for Specific Performance Despite Delay, Holding Limitation for Execution Runs from Date of Decree Becoming Final. The court clarified that under Article 136 of the Limitation Act, 1963, the 12-year period for execution of a decree for specific performance commences from the date the decree becomes final, not from the date of the decree.

13 Jun 2013

The petitioner, the original plaintiff in Special Civil Suit No.1208 of 1994, filed a suit for specific performance of an Agreement of Sale dated 25th...

High Court

Bombay High Court Allows Possessors to Pay Decretal Amount to Avoid Auction in Execution Proceedings. Decree Holder Cannot Insist on Auction When Possessor Willing to Satisfy Decree Under Order 21 Rules 64 and 83 of Code of Civil Procedure, 1908.

6 Jun 2011

The petitioners, Lalit Malick, Shyam Malick, and Madhu Bhatti, filed a writ petition challenging the execution proceedings of a decree passed in Comme...

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