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Supreme Court Allows Appeal and Restores Decree for Specific Performance in Property Sale Dispute — Time Not of Essence Due to Reciprocal Promises. Seller's Obligation to Clear Mortgage First Made Time Flexible; Plaintiff's Readiness and Willingness Established by Deposits and Notices.

The appeal arose from a suit for specific performance of an agreement to sell dated 22.09.2002, whereby the defendant agreed to sell suit property to ...

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Supreme Court Dismisses Appeal by Power Generator Against Termination of PPA — Holds That Failure to Secure Fuel Supply Agreement Does Not Justify Termination Where PPA Does Not Condition Power Supply on Specific Coal Source

The case involves a dispute between M/s Adani Power (Mundra) Ltd. (appellant) and Gujarat Electricity Regulatory Commission and others (respondents), ...

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Supreme Court Allows Appeal in Specific Performance Suit, Sets Aside Ex Parte Decree Subject to Conditions. Litigation Should Be Adjudicated on Merits, Not Terminated by Default Under Order 9 Rule 13 CPC.

The appeal arose from a suit for specific performance and mandatory injunction filed by the respondent (plaintiff) against the appellant (defendant). ...

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Supreme Court Allows Appeal in Specific Performance Suit — Sets Aside Review Order Recalling Judgment Due to Non-Filing of Vakalatnama. Service of Notice Held Complete and Arguments Not Collusive, Hence Recall Unjustified Under Order 47 Rule 1 CPC.

The dispute arose from a specific performance suit filed on 15.10.2010 by the appellant, Shree Chaitanya Constructions, against eight defendants. Only...

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Supreme Court Allows Appeal in Family Settlement Dispute — Upholds Validity of Pre-Emptive Right Clause. Clause requiring written concurrence of all co-sharers before sale to third party is valid and binding; High Court erred in holding it vague and void.

The dispute arose from a family settlement dated 31.03.1982 among three brothers, including the appellant Tilak Raj Bakshi (plaintiff), the first defe...

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Supreme Court Allows Appeal in Specific Performance Suit, Restores Trial Court Decree. Handwriting Expert Evidence Cannot Override Consistent Testimony of Attesting Witnesses and Corroborative Receipt of Earnest Money.

The case involves a suit for specific performance of an agreement of sale dated 20.04.1993 for a house in Karimnagar. The plaintiff (appellant) allege...

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Development and Sale Agreement Constitutes Commercial Dispute Under Commercial Courts Act: Karnataka HC

The petitioner challenged the Trial Court’s rejection of an application under Order VII Rule 11(d) CPC contending that the suit was a commercial...

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Supreme Court Upholds Decree of Specific Performance in Land Sale Agreement Case. Concurrent Findings of Fact Establish Genuine Agreement to Sell with Full Consideration and Possession, No Discretion to Refuse Specific Performance Under Section 20(2)(c) of Specific Relief Act, 1963.

The original appellant, Leeladhar, entered into a registered agreement to sell 18 bighas of land to Deshraj for Rs.40,000 on 15.02.1985, receiving Rs....

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Supreme Court Allows Appeals in Specific Performance Case — Agreement to Sell Void Under Section 61 of Karnataka Land Reforms Act, 1961. Agreement executed during non-alienation period is void ab initio and not enforceable even after the restriction period ends.

The Supreme Court allowed the appeals filed by the defendants (appellants) against the judgment of the Karnataka High Court which had upheld the decre...