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Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Specific Performance Suit. Partnership Firm's Unregistered Status Does Not Bar Suit by Partners in Individual Capacity Under Section 69(2) of Indian Partnership Act, 1932.

The case involves a Civil Revision Application filed by the petitioner, Mangilal Jagrupji Jain, who was defendant no.3 in a suit for specific performa...

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Bombay High Court Allows Appeal in Specific Performance Suit — Plaintiff Failed to Prove Readiness and Willingness. Decree for Specific Performance Set Aside as Plaintiff Did Not Show Continuous Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963.

The appellants (original defendants) challenged the order of the Extra Adhoc District Judge, Kelapur, dated 19.1.2011, in Regular Civil Appeal No.181 ...

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Bombay High Court Dismisses Petition Challenging Amendment of Plaint in Partition Suit. Adding Relief of Specific Performance Does Not Change Nature of Suit as Both Arise from Same Cause of Action Under Order VI Rule 17 CPC.

The petitioner, Harish Alimchandani, defendant no.1 in Special Civil Suit No.11 of 2010, challenged the order of the Civil Judge (Senior Division), Wa...

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Bombay High Court Dismisses Appeal in Specific Performance Suit — Agreement Held to Be Leave and Licence, Not Sale. Court upholds finding that the agreement dated 22 April 1977 was a sham document and the transaction was a leave and licence arrangement, not an agreement for sale.

The Appellant, M/s. Imageads and Communications Pvt. Ltd., filed a suit for specific performance of an agreement dated 22 April 1977, claiming that Re...

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Madras High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Sale Agreement Alleged by Plaintiffs Not Proved; Defendant's Mortgage Claim Upheld.

The appellants/plaintiffs filed a second appeal against the judgment and decree of the Principal District Judge, Tirunelveli, dated 21.11.2002 in A.S....

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Madras High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Power of Attorney and Sale Agreement Found Not Genuine Due to Suspicious Circumstances and Failure to Prove Readiness and Willingness.

The plaintiff filed a suit for specific performance of a registered agreement of sale dated 13.01.2011, executed by the second defendant (sister of th...

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Madras High Court Allows Appeal in Contract for Sale of Goods Case — Supplier Failed to Prove Delivery of Machinery. Specific Performance of Contract for Supply of Hydraulic Press Cannot Be Granted Without Proof of Delivery and Acceptance Under Sale of Goods Act, 1930.

The appellant/defendant, M/s. Sri Ranganathar Industries Private Limited, appealed against the judgment and decree of the IV Additional District and S...