Search Results for "voidable agreement"

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Search Results for "voidable agreement"

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High Court

High Court of Judicature at Bombay Answers Issues in Suit for Specific Performance and Alternative Reliefs; Vendor Found to Have Breached Obligations by Not Providing Marketable Title and Not Clearing Slum Encumbrance. Illegal Termination of Agreement and Forfeiture of Earnest Declared Invalid as Vendors Failed to Perform Their Reciprocal Covenants Under the Contract.

19 Jul 2010

The plaintiff, a developer firm, entered into an agreement for sale with defendants 1 to 5 (vendors) on 1 November 1979 to purchase land with occupant...

Supreme Court

Supreme Court Upholds Arbitrator's Award in Contract Dispute Over Final Bill Claims. Court Held That Arbitrator's Consideration of Vitiating Factors and Contract Clauses Was Permissible Under Arbitration and Conciliation Act, 1996, Despite Prohibition on Further Claims in Clauses 65 and 65A.

23 Mar 2023

The dispute arose from a contract dated 02.07.2001 for repair works, with time extended to 19.01.2002. The respondent contractor submitted a final bil...

High Court

Bombay High Court Dismisses Plaintiff's Interim Injunction Against DRT Proceedings in Receivables Assignment Dispute. Court holds that civil suit for cancellation of indemnity and hypothecation deeds cannot restrain recovery proceedings before DRT under Recovery of Debts Due to Banks and Financial Institutions Act, 1993.

21 Feb 2014

The Plaintiff, Rentworks India Pvt. Ltd., provided equipment on lease to Subhiksha Trading Services Pvt. Ltd. under a Master Rental Agreement (MRA). D...

High Court

Bombay High Court Allows Appeals in Specific Performance Suit — Agreement of Sale Not Proved Due to Absence of Attesting Witness and Discrepancies in Evidence. Plaintiffs Failed to Prove Execution of Agreement and Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963.

7 Dec 2010

The case involves two first appeals arising from suits for specific performance of agreements of sale dated 11.4.2002. The respondents (plaintiffs) cl...

High Court

Bombay High Court Sets Aside Arbitral Award for Specific Performance of Development Agreement — Failure to Consider Limitation and Lack of Evidence of Agreement. Section 34 of Arbitration and Conciliation Act, 1996 challenge succeeds as award based on letter dated November 4, 2003 read with unregistered document suffers from patent illegality and perversity.

12 Dec 2025

The Bombay High Court set aside an arbitral award dated August 5, 2017, which had granted specific performance of a development agreement in favor of ...

High Court

Bombay High Court Allows Appeal in Specific Performance Suit — Oral Agreement Not Proved. Plaintiff failed to establish oral agreement, payment of consideration, and suit was barred by limitation under Article 54 of the Limitation Act, 1963.

11 Feb 2020

The appellants (original defendant nos. 2 to 4) challenged the judgment and decree dated 18/02/2014 passed by the learned Judge, City Civil Court, Mum...

High Court

Bombay High Court Allows Specific Performance of Agreement to Sell Agricultural Land — Plaintiff Proves Readiness and Willingness. The court held that the appellant had continuously shown readiness and willingness to perform the contract, and there was no valid ground to deny specific performance under Section 20 of the Specific Relief Act, 1963.

20 Nov 2013

The appellant, Shrikrishna Ganuji Sonone, filed a suit for specific performance of an agreement to sell an agricultural field (Gat No.36, admeasuring ...

High Court

Bombay High Court Considers Appeal Against Trial Court's Refusal to Cancel a Conveyance Deed in a Trust Property Dispute. The Appeal Challenges the Declaration that the Ante-dated Deed Is Inoperative Only to the Extent It Affects Trust Rights, Rather than Cancelling It Entirely.

29 Jun 2005

The dispute centered on a trust property created by a deed of settlement dated 17 March 1951, with the plaintiff Bomi Munchershaw Mistry as a benefici...

High Court

Bombay High Court Dismisses Appeal in Specific Performance Suit Against LIC — Tenant Association Fails to Prove Readiness and Willingness. Agreement to Sell Not Concluded as Essential Terms Remained Unsettled and No Binding Contract Was Formed Under Section 10 of Specific Relief Act, 1963.

17 Feb 2023

The appeal arose from a decree of the City Civil Court, Greater Mumbai dismissing S.C. Suit No. 8228 of 1984, which was a suit for specific performanc...

High Court

High Court of Karnataka Allows Appeal in Property Dispute — Sale Deed by Husband Without Wife's Consent Declared Void. Gift Deed by Subsequent Transferee Also Set Aside as Property Was Coparcenary Asset and Sale Was Without Legal Necessity.

17 Mar 2015

The case involves a Regular First Appeal filed by the plaintiff, Smt. Sharadamma, and her son B.S.Shivaprasad Aradya, against the judgment and decree ...

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