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Gujarat High Court Allows Appeal in Specific Performance Suit, Sets Aside Decree for Non-Compliance with Section 16(c) of Specific Relief Act, 1963. Plaintiff Failed to Prove Readiness and Willingness to Pay Balance Consideration, Rendering Specific Performance Unwarranted.

The case involves a First Appeal under Section 96 of the Code of Civil Procedure, 1908, filed by the original defendant No. 2 (appellant) challenging ...

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Bombay High Court Grants Temporary Injunction for Restoration of Possession in Suit for Specific Performance and Possession — Plaintiff Establishes Prima Facie Case and Balance of Convenience in His Favor.

The plaintiff filed an interim application seeking temporary injunction for restoration of possession of the suit premises during the pendency of the ...

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Bombay High Court Dismisses Appeal Against Rejection of Temporary Injunction in Specific Performance Suit. No Prima Facie Case for Injunction When Possession Not Delivered and Agreement Ambiguous.

The appellant, Sanjay Suganchand Kasliwal, proprietor of Kasliwal Construction, filed an Appeal from Order under Order 43 Rule 1(r) of the Code of Civ...

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Bombay High Court Considers Legality of Orders under Urban Land (Ceiling and Regulation) Act, 1976 and Applicability of Repeal Act, 1999. Petition Seeks Quashing of Settlement, Notification, and Possession Orders Based on Erroneous Computation of Excess Land and Abatement of Proceedings.

The writ petition under Article 226 of the Constitution of India challenged the settlement order dated 30 November 2004 under Section 8(4) of the Urba...

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Bombay High Court Partially Upholds Arbitral Award in BOT Contract Dispute — Reduces Interest Rate from 18% to 12%. Court holds that arbitrator's findings on breach and damages are not patently illegal under Section 34 of the Arbitration and Conciliation Act, 1996.

The petitioner, Agarsons Container Terminals, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral...