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High Court of Karnataka Allows Amendment of Plaint in Specific Performance Suit — Legal Representatives Permitted to Add Alternative Prayer for Refund of Advance. Pre-trial amendment under Order VI Rule 17 CPC is to be liberally allowed if it does not cause irreparable prejudice to the opposite party.

The petitioners, legal representatives of the deceased plaintiff Chintamani Madhav Joshi, filed a writ petition under Article 227 of the Constitution ...

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Madras High Court Dismisses Second Appeal in Specific Performance Suit — Upholds Concurrent Findings on Readiness and Willingness. Agreement of Sale with Possession and Part Payment Enforced Against Subsequent Purchaser Under Section 16(c) of Specific Relief Act, 1963.

The second appeal arises from a suit for specific performance of a sale agreement dated 15.7.1987 between the plaintiff (first respondent) and the fir...

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Supreme Court Dismisses Appeal in Telecom Infrastructure Charges Case Over Retrospective Application. Appellant's Circular Increasing Charges from 2009 Held Invalid as Yearly Payments Are Made Upfront, Making Retrospective Burden Unreasonable Under Interconnection Agreements.

The dispute arose from appeals filed by Bharat Sanchar Nigam Ltd. challenging a judgment by the Telecom Disputes Settlement and Appellate Tribunal. Th...

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High Court of Karnataka Allows Appeal in Specific Performance Suit — Agreement of Sale Not Proved as Genuine and Enforceable. Plaintiff Failed to Establish Readiness and Willingness to Perform Contract Under Section 16(c) of Specific Relief Act, 1963.

The appeal arises from a suit for specific performance of an agreement of sale dated 12.04.2005. The plaintiff (respondent No.1) claimed that defendan...

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Bombay High Court Allows Section 11 Application for Appointment of Arbitrator in Contract Dispute Between Pioneer Publicity Corporation and Airport Authority of India. Dispute arises from unilateral reduction of hoarding size from 8,000 sq ft to 5,000 sq ft and failure to refund security deposit.

The applicant, Pioneer Publicity Corporation Pvt Ltd, was the successful tenderer for a contract with the Airport Authority of India (AAI) for display...

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Karnataka High Court Dismisses Appeals and Cross Objection in Specific Performance and Possession Dispute Over KHB Allotted House. Agreement Holder Fails to Prove Readiness and Willingness to Perform Contract Under Section 16(c) of Specific Relief Act, 1963.

The case involves a dispute over a house property allotted by the Karnataka Housing Board (KHB) to the respondent, Venkateshulu, in 1989. The appellan...

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Bombay High Court Dismisses Petition to Restrain Encashment of Performance Bank Guarantee in Arbitration Dispute. Court holds that bank guarantee is an independent contract and injunction can only be granted in cases of fraud or irretrievable injustice, which were not established.

The petitioner, Karam Chand Thapar & Bros. (Coal Sales) Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking ...