Search Results for "specific pleading"

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Search Results for "specific pleading"

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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...

Supreme Court

Supreme Court Allows Appeal in Specific Performance Case, Reversing High Court's Setting Aside of Concurrent Findings. High Court Erred in Holding Plaint Lacked Specific Averments Under Section 16(c) of Specific Relief Act, 1963, as Readiness and Willingness Must Be Inferred from Plaint as a Whole.

26 Oct 2021

The dispute arose from an agreement to sell executed on 10.10.1976 by Ram Singh in favor of Sughar Singh for a sale consideration of Rs.56,000, with R...

High Court

Bombay High Court Hears Second Appeal Against Setting Aside of Specific Performance Decree—Expedited Hearing Ordered Despite Adjournment Requests. The appeal, admitted on questions of law, was treated as part-heard and oral judgment delivered after refusal to grant further time.

11 Mar 2016

The High Court of Judicature at Bombay, Bench at Nagpur, heard Second Appeal No. 210/2013 arising from a suit for specific performance of an agreement...

Supreme Court

Supreme Court Allows Appeal in Specific Performance Suit Due to Buyer's Acceptance of Refund During Pendency. Acceptance of Refund of Earnest Money Indicates Lack of Readiness and Willingness, Making Suit Not Maintainable Under Specific Relief Act, 1963.

4 Apr 2025

The dispute arose from a suit for specific performance of an Agreement to Sell dated 25th January 2008, executed between the buyer (Respondent No.1) a...

High Court

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.

7 Jan 2025

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...

High Court

Karnataka High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sell Not Proved as Plaintiff Failed to Establish Readiness and Willingness to Perform Contract.

2 Sep 2015

The appellant, Annarao, filed a suit for specific performance of an agreement to sell dated 28.08.1986, allegedly executed by the respondent, Gopal Ra...

Supreme Court

Supreme Court Allows Specific Performance Appeal in Land Sale Dispute — Agreement to Sell Valid Despite Non-Registration and Subsequent Alienation. The court held that the appellants paid full consideration, took possession, and were ready and willing; subsequent sale deeds executed in violation of injunction are void.

12 Nov 2024

The dispute pertains to six suits for specific performance of an Agreement to Sell dated 30.08.1990 executed by Sushila Devi in favour of the appellan...

Supreme Court

Supreme Court Dismisses Appeal in Specific Performance Case Upholding High Court's Direction for Execution of Sale Deed. The court found the respondent demonstrated readiness and willingness to perform the contract through correspondence and legal notices, justifying specific performance under contract law principles.

18 Apr 2023

The Supreme Court heard two appeals arising from a property dispute involving a sale agreement executed by G. Venugopala Rao in favor of Respondent No...

High Court

High Court of Bombay Considers Challenge to Arbitral Award in Construction Subcontract Dispute. Petition filed by main contractor against subcontractor's award under Section 34 of Arbitration and Conciliation Act, 1996.

21 Mar 2013

Patel Engineering Co. Ltd (PEC) challenged an arbitral award dated 25 January 2010 under Section 34 of the Arbitration and Conciliation Act, 1996 in t...

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...

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