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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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Bombay High Court Upholds Termination of Probationary District Judge for Unsatisfactory Performance. Termination under Rule 13(4)(ii)(b) of Maharashtra Judicial Service Rules, 2008 is valid and not stigmatic.

The petitioner, Smt. Smita Rajendra Kadu, was appointed as a District Judge (direct recruitment) under the Maharashtra Judicial Service Rules, 2008. S...

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Bombay High Court Partly Sets Aside Arbitral Award in Development Agreement Dispute Between Cooperative Housing Society and Developer. Court Upholds Award on Termination of Agreement and Refund of Deposit but Sets Aside Directions for Possession and Appointment of Receiver.

The judgment arises from two arbitration petitions and a notice of motion filed under Section 34 of the Arbitration and Conciliation Act, 1996, challe...

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Bombay High Court Dismisses Appeal for Specific Performance of Share Sale Agreement — Plaintiff Failed to Prove Readiness and Willingness to Perform Contract. MOU for Sale of Shares Held Not Enforceable as Plaintiff Did Not Show Financial Capacity to Pay Balance Consideration Within Stipulated Time.

The appellants, plaintiffs in the suit, filed an appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment of the trial Court...

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Bombay High Court Dismisses Appeal in Specific Performance Suit — Plaintiff Failed to Prove Readiness and Willingness. Agreement for Sale of Agricultural Land Not Enforceable as Plaintiff Did Not Demonstrate Financial Capacity and Conduct Showed Lack of Readiness.

The appellant, Jayantilal Devji Shah, filed a suit for specific performance of an agreement for sale of agricultural land against the respondents. The...

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Gujarat High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Agreement to Sale Not Proved as Defendants Denied Execution and Plaintiffs Failed to Establish Readiness and Willingness.

The present second appeal under Section 100 of the Code of Civil Procedure, 1908, arises from a suit for specific performance of an agreement to sale ...

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Bombay High Court Allows Petition Against Forfeiture of Earnest Money in Toll Collection Tender Dispute. Variation in Contract Period from 90 Weeks to 52 Weeks Constitutes Counter-Offer, Not Acceptance, Thus Forfeiture Invalid.

The petitioner, M/s Abhay Construction, a partnership firm, submitted a tender to the Maharashtra State Road Development Corporation Ltd. for collecti...