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Search Results for "specific performance"

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High Court

High Court of Karnataka Allows Revision Petition in Electricity Supply Company Case — Plaint Rejected for Lack of Jurisdiction Under Section 145 of Electricity Act, 2003. Civil Court Has No Jurisdiction to Entertain Suit for Specific Performance of Contract for Electricity Connection Where Remedy Lies Before the Special Court Under the Electricity Act.

10 Dec 2020

The present case involves a civil revision petition filed by the Hubli Electricity Supply Company (HESCOM) and its Assistant Executive Engineer agains...

High Court

Bombay High Court Dismisses Appeals Against Order of Reference to Arbitration in Suit for Specific Performance and Injunction. Court Holds That Disputes Involving a Housing Society and Its Members Regarding Development Agreement Are Arbitrable Under Section 8 of the Arbitration and Conciliation Act, 1996.

9 Sep 2019

The judgment arises from two appeals filed against an order of a Single Judge of the Bombay High Court referring the parties to arbitration under Sect...

High Court

Bombay High Court Allows Appeal Against Remand Order in Specific Performance Suit — Trial Court's Dismissal of Suit for Want of Proof Restored. Remand by First Appellate Court Set Aside as It Failed to Consider That Plaintiff Did Not Prove Readiness and Willingness to Perform Contract.

7 Oct 2025

The appellant, Subhadrabai Thakre, filed a suit for specific performance of an agreement of sale dated 28.3.2002, by which she agreed to purchase agri...

High Court

Bombay High Court Grants Decree on Admissions Under Order XII Rule 6 CPC in Property Conveyance Suit. Court directs defendant society to execute deed of conveyance and power of attorney and hand over possession of suit property based on clear admissions in written statement.

17 Oct 2025

The plaintiff, Nitin Chandrakant Patel, a senior citizen and sole proprietor of M/s. Mahalaxmi Land Development, filed a suit against Pariwar Co-opera...

High Court

Bombay High Court Grants Temporary Injunction for Restoration of Possession in Suit for Specific Performance and Possession — Plaintiff Establishes Prima Facie Case and Balance of Convenience in His Favor.

13 Oct 2025

The plaintiff filed an interim application seeking temporary injunction for restoration of possession of the suit premises during the pendency of the ...

High Court

Bombay High Court Allows Secondary Evidence in Specific Performance Suit — Photocopy of Agreement Admissible When Original Not Produced Despite Notice. Court holds that under Section 65 of the Indian Evidence Act, 1872, secondary evidence is permissible if the original is not produced after notice, and objections as to completeness go to weight, not admissibility.

16 Aug 2019

The petitioners, original defendant nos. 3 to 10 in a suit for specific performance of an agreement dated 22.11.1990, challenged an order of the trial...

High Court

Bombay High Court Dismisses Suit for Specific Performance and Injunction in Property Dispute — Plaintiff Fails to Prove Readiness and Willingness to Perform Contract. Agreement for Sale of Flat Declared Null and Void Due to Non-Compliance with Conditions Precedent and Lack of Valid Termination of Earlier Agreement.

21 Aug 2019

The plaintiff, Manohar Daulatram Ghansharamani, filed Suit No. 220 of 2013 in the Bombay High Court seeking specific performance of an agreement for s...

High Court

Bombay High Court Allows Writ Petition Challenging Impleadment of Purchasers in Specific Performance Appeal — Purchasers Claiming Through Plaintiff Are Not Necessary Parties Under Order 1 Rule 10 CPC. Doctrine of Lis Pendens Protects Their Interests Without Impleadment.

5 Aug 2019

The petitioner, Smt. Sonabai Sahebrao Pathrud, filed a suit for perpetual injunction against respondent no.1, Bhausaheb Ganpati Gaikwad, on 14 Februar...

High Court

Bombay High Court Dismisses Petition Challenging Director's Evidence in Specific Performance Suit — Order 18 Rule 3A CPC Does Not Apply to Company Director. Director of Plaintiff-Company Can Be Examined After Constituted Attorney Without Prior Permission Under Order 18 Rule 3A CPC.

23 Aug 2019

The petitioners, defendants in a suit for specific performance of a contract based on email exchanges, challenged the trial court's order allowing the...

High Court

Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sell Proved by Attesting Witness and Part Performance, Defendant Failed to Discharge Burden Under Section 16(c) of Specific Relief Act, 1963.

5 Aug 2019

The present second appeal was filed by the original defendant, Madan s/o Mohan Gupta, challenging the concurrent judgments and decrees passed by the c...

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