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Bombay High Court Allows Writ Petition Against Society's Refusal to Grant Membership to Purchaser of Premises. Registered Sale Deed Holder Entitled to Membership Under Section 23(2) of Maharashtra Cooperative Societies Act, 1960 Despite Developer's Objection.

The petitioners, Apna Sahakari Bank Ltd. and its Deputy General Manager, filed a writ petition under Article 226 of the Constitution of India challeng...

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Bombay High Court Dismisses Suit for Specific Performance of Unsigned MOU for Flat Purchase. Contract Not Concluded as Essential Terms Were Not Finalized and MOU Remained Unsigned.

The plaintiffs, Rohit A. Kapadia and Sandhya R. Kapadia, filed a suit against the defendant, Perviz J. Modi, seeking specific performance of an allege...

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Bombay High Court Hears Writ Petition Challenging DRAT's Waiver of Pre-Deposit and Setting Aside of DRT Order Under SARFAESI Act; Auction Purchaser Disputes Complete Waiver Under Section 18 and Reversal of DRT's Dismissal of Securitisation Application.

The writ petition was filed by an auction purchaser under Article 226 of the Constitution of India, challenging two orders of the Debt Recovery Appell...

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Karnataka High Court Dismisses Appeals and Cross Objection in Specific Performance and Possession Dispute Over KHB Allotted House. Agreement Holder Fails to Prove Readiness and Willingness to Perform Contract Under Section 16(c) of Specific Relief Act, 1963.

The case involves a dispute over a house property allotted by the Karnataka Housing Board (KHB) to the respondent, Venkateshulu, in 1989. The appellan...

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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.

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...

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Supreme Court Dismisses Appeal in Pre-emption Case, Holding Limitation Runs from Each Sale Under Rajasthan Pre-Emption Act, 1966. Each Sale of Property Gives Fresh Cause of Action for Pre-emption, and Failure to Challenge Earlier Sales Does Not Bar the Right Under Article 97 of Limitation Act, 1963.

The appeal arose from a suit for pre-emption filed by the predecessor-in-interest of respondent No.1 (original plaintiff) against the appellant and ot...

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High Court of Karnataka Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement of Sale Proved by Attesting Witness and Part Performance Established, No Substantial Question of Law Arises Under Section 100 CPC.

The appellant, Muktumhussain Mehaboob Sab Bapunavar, was the fourth defendant in a suit for specific performance of an agreement of sale filed by the ...

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Supreme Court Dismisses Defendants' Appeal in Specific Performance Suit, Upholding Grant of Relief. Concurrent Findings on Validity of Agreement to Sell and Payment of Consideration Are Not Interfered With Under Article 136 of the Constitution of India, and Agreement Cannot Be Treated as Loan Document.

The dispute arose from an agreement to sell dated 11.02.2004, where Gurmeet Singh, predecessor-in-interest of the defendants, agreed to sell land to J...

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Karnataka High Court Dismisses Appellant's Specific Performance Suit for Lack of Readiness and Willingness — Agreement Holder Not Entitled to Equitable Relief. Concurrent findings affirmed that appellant failed to prove readiness and willingness under Section 16(c) of Specific Relief Act, 1963.

The dispute pertains to a house property allotted by the Karnataka Housing Board (KHB) to the respondent, Venkateshulu, in 1989. The appellant, Smt H ...