Search Results for "substantial breach"

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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...
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Search Results for "substantial breach"

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High Court

Bombay High Court Dismisses Suit for Specific Performance of Agreement for Sale of Trust Property — Plaintiff Failed to Prove Readiness and Willingness. Agreement for Sale of Charitable Trust Land Requires Sanction Under Section 36 of Maharashtra Public Trusts Act, 1950; Time Was Not of Essence but Plaintiff's Conduct Showed Lack of Readiness.

4 Mar 2015

The plaintiff, Bastion Constructions, a partnership firm engaged in building and development, filed a suit for specific performance of an agreement fo...

High Court

Bombay High Court Upholds Arbitral Award Denying Specific Performance to Joint Venture Partner in Shareholders’ Agreement Dispute. Petitioner Failed to Prove Readiness and Willingness to Perform Its Part, Including Share Capital Contribution; Contract Involved Continuous Supervision Under Section 16(c) of Specific Relief Act, 1963.

16 Jun 2011

The case arose from a shareholders’ agreement dated 10 May 2001 between Carol Info Services Limited (petitioner) and the State of Maharashtra (respo...

High Court

KAHC010212612022_1

15 Jul 2022

The criminal petition under Section 482 of the Code of Criminal Procedure, 1973, was filed before the High Court of Karnataka seeking to quash FIR No....

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Employment Dispute — Liquidated Damages and Salary Dues Upheld. Court finds no patent illegality or perversity in arbitrator's award for breach of confidentiality and non-compete clauses under Section 34 of Arbitration and Conciliation Act, 1996.

28 Oct 2010

The petitioner, Anindya Mukherjee, an expert in marketing of coating, flooring and concrete, joined Thortex Coating (later renamed Clean Coats Pvt. Lt...

High Court

Bombay High Court Dismisses Bank's Petition to Quash Criminal Complaint in Loan Dispute — Civil Nature of Dispute Precludes Criminal Investigation. The court held that a loan transaction with clear terms does not give rise to criminal liability for cheating or criminal breach of trust, and quashed the complaint.

5 Apr 2005

The petitioner, Kotak Mahindra Bank Limited, filed a writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of...

Supreme Court

Supreme Court Allows Appeal in Arbitration Dispute Over Building Agreement — Penalty Clause Upheld as Genuine Pre-Estimate of Damages. Court holds that Clause 7 penalty @ ₹10,000 per day for delay is not a secondary obligation but a genuine pre-estimate of damages, and forfeiture of earnest money under Clause 13 is permissible only if no other damages are awarded.

1 Jan 2026

The dispute arose from an agreement dated 09.04.2010 between the owners (Bhupesh Bhayana and Kiran Bhayana) and the builder (Vinod Seth, now represent...

High Court

Bombay High Court Allows Summary Suit for Recovery of Security Deposit in Leave and License Agreement — Defendant's Defense Raises No Triable Issues. Court holds that under Order XXXVII CPC, a defendant must disclose a substantial defense to obtain leave to defend; mere allegations of oral agreements or set-off without evidence do not constitute a triable issue.

20 Sep 2023

The plaintiff, Play Games 24X7 Pvt. Ltd., filed a summary suit under Order XXXVII of the Code of Civil Procedure, 1908, against the defendant, Loran L...

High Court

Bombay High Court Dismisses Contractor's Suit for Specific Performance and Allows Society's Counterclaim for Damages in Construction Dispute. Agreement dated 13th March 1978 held valid but not specifically enforceable due to mutual breaches and failure to prove readiness and willingness.

11 May 2012

The judgment concerns two cross-suits between M/s. Shanti Builders (a building contractor) and CIBA Industrial Workers' Co-op. Housing Society Ltd. (t...

High Court

High Court of Bombay at Goa Sets Aside Appellate Court Order Cancelling Sale Deed for Violating Natural Justice — Affected Third Party Not Heard. Cancellation of Sale Deed and Tri-partite Lease Deed on Injunction Appeal Reversed for Want of Impleadment of Purchaser.

16 Jan 2015

The dispute arose out of Regular Civil Suit No.69/2004 filed by the Plaintiff (Respondent No.1 in all writ petitions) claiming to be a permanent Direc...

High Court

High Court Quashes FIR Against Landowners in Cheating Case, Holds Civil Dispute Not Criminal. FIR Quashed as Civil Suit for Specific Performance Already Pending; No Criminal Intent Found Under Sections 406 and 420 IPC.

30 Jan 2026

The dispute pertained to an agricultural land transaction where the accused persons had entered into a notarized agreement to sell dated 10th March 20...

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