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Search Results for "specific performance"

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High Court

High Court of Karnataka Allows Writ Petition Against Refusal to Mark Agreement of Sale in Suit for Specific Performance — Stamp Duty and Penalty Must Be Adjudicated at Final Hearing, Not at Stage of Marking Document. The court held that under Section 33 of the Karnataka Stamp Act, 1957, a document insufficiently stamped must be impounded and sent to the Collector for adjudication, and cannot be rejected at the marking stage.

14 Feb 2019

The petitioner, plaintiff in O.S.No.29/2011 before the Principal Senior Civil Judge, Udupi, filed a suit for specific performance of an agreement of s...

High Court

Bombay High Court Dismisses Developer's Suit for Specific Performance of Redevelopment Agreement with Cooperative Society. Court holds that a developer cannot enforce an MoU and Development Agreement against a cooperative society when the society's general body has not validly passed a resolution under the Maharashtra Cooperative Societies Act, 1960, and the agreements are not binding on the society.

6 Nov 2012

The Plaintiffs, Mana Builders and Developers Pvt. Ltd. and others, filed a suit for specific performance of a Memorandum of Understanding (MoU) dated ...

High Court

Bombay High Court Dismisses Developer's Interim Application in Development Agreement Dispute — Prima Facie Case Not Made Out as Agreement Was Terminated for Non-Performance. Specific Performance Claim Requires Trial; No Irreparable Loss Shown.

19 Nov 2012

The Plaintiffs, Shantilal J. Shah and others, filed a suit seeking a declaration that a Development Agreement dated 25th September 2007 and an Irrevoc...

High Court

Bombay High Court Allows Specific Performance of Agreement for Sale Despite Fragmentation Act Restrictions — Condition Precedent of Obtaining Permission Not Fulfilled by Vendor. Vendor's Failure to Obtain Permission Under Bombay Prevention of Fragmentation and Consolidation Holdings Act, 1947 Does Not Bar Specific Performance When Purchaser is Ready and Willing.

29 Nov 2012

The appellant, Shantaram Babu Longale, filed Regular Civil Suit No. 71 of 1981 against the respondents for specific performance of an agreement for sa...

High Court

Bombay High Court Dismisses Revision Against Order Rejecting Plaint for Non-Payment of Court Fees in Suit for Specific Performance. Court Held That Under Section 4 of the Maharashtra Court Fees Act, 1959, Court Fees Must Be Paid on the Market Value of the Property as on the Date of Suit, Not on the Consideration Amount.

30 Nov -0001

The case involves a civil revision application filed by the applicants (original plaintiffs) against an order of the trial court rejecting their plain...

High Court

Bombay High Court Allows Petition, Sets Aside Order 9 Rule 13 CPC Restoration in Specific Performance Suit. Defendant Failed to Show Sufficient Cause for Non-Appearance Despite Knowledge of Proceedings.

18 Sep 2012

The petitioner, Hemant Ganeshprasad Jaiswal, filed a suit for specific performance of an agreement for sale dated 6.2.2006 against the respondent, Mur...

High Court

Bombay High Court Dismisses Appeal Against Decree for Want of Written Statement in Specific Performance Suit. Failure to File Written Statement Despite Repeated Opportunities Justifies Decree Under Order 8 Rule 5(2) and Rule 10 CPC.

16 Aug 2012

The case arises from a suit filed by the respondent (original plaintiff) against the appellants (original defendants) seeking specific performance of ...

High Court

Bombay High Court Dismisses Suit as Infructuous After Full Performance of Construction Contract. Specific Performance Claim Becomes Infructuous When Defendant Constructs and Hands Over All 532 Flats and Plaintiff Accepts Possession, Leaving No Issue for Adjudication Under Order XV Rule 1 CPC.

23 Jul 2012

The plaintiff, National Bank for Agricultural and Rural Development, filed a suit in 1989 against M/s. Shah Thakur & Sons and another defendant seekin...

High Court

Bombay High Court Dismisses Suit for Specific Performance of Agreement for Sale, Holding Agreement Was a Loan Transaction with Collateral Security. Court Refuses to Enforce Agreement as Sale, Directs Return of Earnest Amount with Interest.

19 Jun 2012

The plaintiffs filed a suit for specific performance of an agreement for sale dated 19th November 1987, or in the alternative, for damages of Rs.1,46,...

High Court

Bombay High Court Allows Appeal in Specific Performance Suit — Upholds Plaintiff's Right to Seek Enforcement of Agreement Despite Delay in Filing Suit. Court Holds That Article 54 of Limitation Act, 1963 Requires Suit for Specific Performance to Be Filed Within Three Years from Date Fixed for Performance, and Where No Date Is Fixed, Within Three Years from Notice of Refusal.

10 Jun 2026

The appellant, M/s. Rajendra Trading Company, a registered partnership firm, filed a suit for specific performance of an agreement dated 01.08.2014 wi...

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