Search Results for "Specific performance"

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Appellate Court Reverses Harsh Trial Court Order, Upholds Defendant's Right to Defense in Land Dispute. The court rules that the trial court's decision to strike off the defense was erroneous, emphasizing the need for careful consideration of evidence and true facts in property disputes.

In a civil suit concerning the sale of agricultural land, the plaintiffs sought specific performance of an agreement. The defendants (now appellants) ...

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Legal Battle Over Mumbai Plot and Ground-Based Tower. Dispute Centers on License Agreement, Demolition Costs, and Jurisdictional Authority

The case revolves around a dispute between the Plaintiffs and Defendant regarding a leave and license agreement for a 250-square-foot plot in Mumbai. ...

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Full Bench Rules on Scope of Trial Court's Authority Under Section 9-A CPC. Trial Courts Cannot Partially Dispose of Suits in Preliminary Issues on Jurisdiction.

The Full Bench addressed whether a Trial Court, under Section 9-A of the Code of Civil Procedure, 1908 (CPC), can frame an issue that disposes of a su...

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Appeal Dismissed for Specific Performance of Contract in Ancestral Property Dispute. Ancestral property rights not established, First Appellate Court's decision upheld.

Brief Facts: Subject Matter:The case revolved around a shop measuring 11.15 square meters located in Field Survey No. 65, village Satkagbad. An a...

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Supreme Court Overturns High Court Decision in Land Dispute, Validates Trial Court's Dismissal. The Supreme Court ruled in favor of the appellants, confirming that the alleged compromise was invalid and upholding the original Trial Court's decision.

The original plaintiffs filed a suit for declaration and specific performance, which was initially dismissed by the Trial Court but later decreed by t...

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Arbitration Battle Over Ganatra Hotels: Panchamias vs. Ganatra Group. Complex Dispute Involving Share Transfers, Valuation Discrepancies, and Legal Contentions Reaches Judicial Review

This case involves two connected Commercial Arbitration Petitions arising from an Arbitral Award dated 5th April 2016. The primary parties are the Pan...

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Appellant's Appeal Partly Allowed: Trial Court's Denial of Specific Performance Restored. High Court and Appellate Court's Judgments Overturned Due to Plaintiff's Unexplained Delay and Lack of Evidence for Readiness and Willingness

The appellant, originally the defendant in the trial court, challenges the judgment dated 07.06.2011, which partially allowed his second appeal (S.A N...

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Supreme Court Allows Impleadment of Pendente Lite Purchaser in Land Dispute. Rajasthan High Court and ADJ's Orders Overturned, Appellant to Protect Interests Amidst Alleged Collusion

The present appeal arises from a judgment dated 21.01.2022 by the High Court of Judicature for Rajasthan, which dismissed the writ petition of the App...

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Judicial Review of State Actions in Contractual Disputes: Evolution and Current Scope. From Traditional Boundaries to Modern Oversight: Ensuring Fairness and Transparency in State Contractual Matters

The evolution of judicial review in India regarding state actions in contractual and tender disputes. Historically, such disputes were seen as private...

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Appeal for Specific Performance in Property Sale Agreement Dismissed. First Plaintiff Awarded One-Half Undivided Share; Lower Courts' Decisions Upheld with Modifications

The appeal challenging the decree of specific performance of a property sale agreement was dismissed. The trial court, first appellate court, and High...