Search Results for "Equitable balance"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Disposes Appeal by Consent Appointing Arbitrator in MSME Dispute, ...
Supreme Court Hears Appeals Against Madras High Court’s Setting Aside of Alien...

Search Results for "Equitable balance"

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High Court

Madras High Court Dismisses Appellants' Second Appeal in Specific Performance Suit — Concurrent Findings Upheld Despite Suit Filed on Last Day of Limitation. The court held that delay in filing suit does not bar specific performance if plaintiff is ready and willing, and oral evidence to contradict written agreement is inadmissible under Section 92 of Evidence Act without pleading fraud or mistake.

17 Jul 2026

The appellants, defendants in a suit for specific performance, challenged the concurrent findings of the Trial Court and First Appellate Court which d...

High Court

Madras High Court Allows Appeal in Specific Performance Suit — Agreement of Sale Not Proved, Plaintiff Failed to Establish Readiness and Willingness. The court set aside the decree for specific performance and refund of advance under the Specific Relief Act, 1963, as the plaintiff did not prove the execution of the agreement or his continuous readiness and willingness.

2 Apr 2026

The appeal arises from a suit for specific performance of an agreement of sale. The plaintiff/respondent claimed that on 14.09.2015, the defendants/ap...

High Court

Bombay High Court Allows MCGM to Construct Storm Water Pumping Station on Disputed Land Subject to Deposit of Compensation. The court vacated the injunction against MCGM, holding that public interest and balance of convenience favored the project, with monetary compensation as adequate remedy for the claimants.

4 Sep 2024

The appeal arises from a suit filed by Samarath Development Corporation and others (respondents/plaintiffs) claiming ownership of 158.05 acres of No D...

Supreme Court

Supreme Court Validates Sub-Classification of Scheduled Castes in Landmark Judgment. Upholding Equality Within Equality: Supreme Court Endorses State's Power to Sub-Classify Scheduled Castes for Targeted Reservation.

1 Aug 2024

The Supreme Court of India, in a significant ruling, has upheld the constitutionality of sub-classifying Scheduled Castes for the purpose of reservati...

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...

High Court

Bombay High Court Quashes MHADA Cancellation of Flat Allotment for Non-Payment Due to Non-Issuance of Demand Letter. Petitioner's Allotment Cannot Be Cancelled Without Issuance of Formal Demand Letter Under Regulation 18(1) of MHADA (Disposal of Land) Regulations, 1992.

12 Oct 2023

The petitioner, Sandeep Uttam Bodke, applied for allotment of a flat under the Lower Income Group (LIG) category in response to an advertisement issue...

High Court

Bombay High Court Dismisses Appeals by Investors Action Group and Upholds Graded Distribution to Small Depositors Under MPID Act. Special Court's Order Allowing Distribution to Individual Investors with Outstanding Between Rs.10-20 Lakhs Held Equitable and Within Jurisdiction, Not Barred by Supreme Court Order Dated 4 May 2022.

15 Mar 2023

The case arose from two appeals filed by the NSEL Investors Action Group under Section 11 of the Maharashtra Protection of Interest of Depositors (in ...

Supreme Court

Supreme Court Allows Bank's Appeal for Return of Original Documents in SARFAESI Auction Dispute. The Court held that the bank is entitled to return of original title deeds deposited in a pending DRT proceeding to hand over to the auction purchaser, as the sale under SARFAESI Act is independent and the validity of mortgage can be adjudicated using photocopies.

1 Jan 2020

The Supreme Court allowed the appeal filed by the State Bank of India against the High Court order that had refused to return original documents depos...

High Court

Bombay High Court Upholds DRAT Order Allowing One Time Settlement in Debt Recovery Case — Interest Must Be Calculated as Per OTS Terms. The court held that the DRT erred in not giving effect to the OTS and in calculating interest beyond the OTS terms, and the DRAT correctly set aside the DRT order.

10 Jul 2019

The petitioners, Small Industries Development Bank of India (SIDBI) and India SME Asset Reconstruction Company Ltd., challenged an order dated 26th Ma...

Supreme Court

Supreme Court Allows Appeal in Specific Performance Suit, Remands for Trial on Admissions. The Court held that Order XII Rule 6 CPC requires clear and unequivocal admissions, and where the defendant disputes the genuineness of the agreement and receipt of consideration, the suit cannot be decreed summarily.

1 Jan 2019

The Supreme Court considered an appeal against the judgment of the Delhi High Court Division Bench which had allowed an application under Order XII Ru...

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