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Supreme Court Allows Appeal in Specific Performance Case — Time Was Essence of Contract; Forfeiture of Earnest Money Upheld. Breach by Buyer in Agreements to Sell Land in Gurgaon Leads to Dismissal of Suit for Specific Performance and Refund of Earnest Money.

The case involves a dispute over two agreements to sell agricultural land in Gurgaon, executed on 17.02.2004, between the appellants (sellers) and the...

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Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Single Offence Against Individual. Single Incident of Assault on Individual Does Not Constitute Threat to Public Order, Detention Order Set Aside.

The petitioner, Gopal Suresh Malik, challenged an order of preventive detention dated 24th August 2023 passed by the Commissioner of Police, Thane, un...

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High Court Allows Appeal by Appellant Against Respondent in Money Claim Suit, Reverses Trial Court's Dismissal on Ownership Grounds Under Major Port Trusts Act, 1963

Appellant, a U.K.-based company, appealed against the Bombay City Civil Court's order dismissing its suit for money claim regarding goods sold by auct...

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Bombay High Court Dismisses Appeals Against Order of Reference to Arbitration in Suit for Specific Performance and Injunction. Court Holds That Disputes Involving a Housing Society and Its Members Regarding Development Agreement Are Arbitrable Under Section 8 of the Arbitration and Conciliation Act, 1996.

The judgment arises from two appeals filed against an order of a Single Judge of the Bombay High Court referring the parties to arbitration under Sect...

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Bombay High Court Allows Winding Up Petition Against Varun Global Limited for Non-Payment of Loan Debt. Life Insurance Corporation of India Succeeds in Proving Company's Inability to Pay Debts Under Sections 433(e) and 434 of the Companies Act, 1956.

The petitioner, Life Insurance Corporation of India (LIC), filed a company petition under Sections 433(e) and 434 of the Companies Act, 1956, seeking ...

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Supreme Court Considers Scope of Section 45 of Arbitration and Conciliation Act in International Commercial Disputes. Multiple Issues Framed on Reference to Arbitration in Multi-Party Joint Venture Agreements.

The dispute arose from a series of joint venture and ancillary agreements executed between Indian company Chloro Controls (I) P. Ltd. and foreign coll...

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Bombay High Court Dismisses Writ Petition Challenging Auction Sale of Property by Co-operative Bank Under Section 101 of Maharashtra Co-operative Societies Act, 1960 — Auction Sale Confirmed Despite Alleged Irregularities as Petitioner Failed to Prove Fraud or Collusion.

The petitioner, M/s. Priyesh Land Developers, a partnership firm, filed a writ petition challenging the auction sale of its property by the respondent...

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Bombay High Court Allows Second Appeal in Specific Performance Case — Appellate Court Erred in Modifying Decree Without Cross-Appeal. Order of Refund of Earnest Money Restored as Appellate Court Could Not Set Aside Relief Granted to Plaintiff in Absence of Cross-Objection Under Order 41 Rule 22 CPC.

The appellant, Ghodganga Sakhar Karkhana, a registered cooperative society, filed a suit for specific performance of an agreement dated 12 August 1991...

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Supreme Court Allows Tenant's Appeal in Rent and Eviction Case Under Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. Tenant's Deposit of Rent in Court After Landlord's Refusal Constitutes Valid Payment, Negating Arrears and Making Eviction Order Unsustainable.

The dispute arose from rent and eviction proceedings initiated by a landlord against a tenant concerning a shop in Uttar Pradesh. The tenant had occup...