Search Results for "agreement purchaser"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "agreement purchaser"

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High Court

Bombay High Court Dismisses Builder's Appeal in Specific Performance Suit — Agreement for Development Not Concluded Due to Missing Essential Terms. Failure to Prove Concluded Contract for Sale of Land as Agreement Lacked Certainty of Terms and Was Subject to Further Negotiations.

1 Mar 2005

The appellant, Ramesh Amarnath Malhotra, a builder and developer trading as Deonar Development Corporation, filed a suit for specific performance of a...

High Court

Bombay High Court Dismisses Promoters' Challenge to Deemed Conveyance Under MOFA — Upholds Competent Authority's Order Including Recreational Ground Area. The Court held that the Competent Authority's order under Section 11 of the Maharashtra Ownership Flats Act, 1963 was valid and the petitioners' objections regarding excess land and right of way were not sustainable.

24 Feb 2025

The petitioners, Nahalchand Laloochand Pvt. Ltd., Rajesh Himatlal, and Wonder Estate Developers Pvt. Ltd., filed a writ petition under Article 226 of ...

High Court

Bombay High Court Allows Amendment of Written Statement in Commercial Suit — Defendant No. 7 Permitted to Amend Pleadings to Include Additional Grounds of Defence. Amendment Sought to Add Facts Regarding Execution of Agreement and Payment of Consideration, Held Not to Cause Prejudice to Plaintiff as Trial Not Yet Commenced.

30 Nov -0001

The present interim application was filed by defendant no.7, Ganesh Lakhaji Chudasama, seeking amendment of his written statement in a commercial suit...

High Court

High Court of Karnataka Allows Appeal in Execution Proceedings — Order XXI Rule 58 CPC Claim Dismissed as Not Maintainable Due to Prior Attachment and Lack of Possession. The court held that a claim petition under Order XXI Rule 58 CPC is not maintainable when the property was attached before judgment and the claimant was not in possession at the time of attachment.

23 May 2018

The appellant, Swamy H.L., filed a Regular Second Appeal under Section 100 CPC against the judgment and decree dated 19.09.2008 passed by the First Ap...

High Court

Bombay High Court Quashes Impleadment Order in Suit for Declaration of Title, Holding Agreement Purchaser Under Plaintiff Neither Necessary Nor Proper Party. Court Reiterates That Plaintiff as Dominus Litis Cannot Be Compelled to Add a Stranger Against His Wishes Under Order 1 Rule 10 CPC.

8 Aug 2017

The petitioner, a company, purchased property from the legal representatives of one Kishanlal Jaiswal. The property originally belonged to Hanumantrao...

High Court

Bombay High Court Allows Appeal Against Refusal of Injunction in MOFA Suit — Maintainability Against Non-Parties to Agreement Upheld. The court held that statutory obligations under MOFA can be enforced against promoters even if they are not parties to the agreement, and granted interim injunction restraining creation of third-party rights.

26 Apr 2022

The appellants, who were plaintiffs in the suit, sought enforcement of statutory obligations under the Maharashtra Ownership Flats Act (MOFA) against ...

High Court

Bombay High Court Allows Petition Challenging Stamp Duty Assessment on Flat Purchase Agreements. Agreements for sale of flats in a building under construction are agreements to sell, not conveyances, and stamp duty is to be assessed on the consideration stated in the agreement, not on market value.

22 Nov 2006

The petitioner, M/s. Padmavati Construction Co., a partnership firm, was developing a plot of land in Chembur, Mumbai. The registered owner, Bombay Co...

Supreme Court

Supreme Court Upholds Arbitration Award in Contract Dispute Over Liquidated Damages and Time as Essence of Contract. The Court held that time was not the essence of the contract for supply of pipes, and ONGC was entitled only to actual damages, not liquidated damages, under the Arbitration and Conciliation Act, 1996, Sections 34 and 37.

13 Nov 2021

The Supreme Court of India heard cross-appeals arising from arbitration proceedings between Welspun Specialty Solutions Limited (formerly Remi Metals ...

High Court

Bombay High Court Dismisses Developer's Appeal Against Refusal of Interim Relief in Redevelopment Dispute. Section 37(2)(b) Appeal Fails as No Prima Facie Case for Injunction Established Due to Unclear Terms and Unregistered Supplemental Agreement.

4 Mar 2025

The Petitioner, Heritage Lifestyles & Developers Pvt. Ltd., a developer, filed an appeal under Section 37(2)(b) of the Arbitration and Conciliation Ac...

High Court

Bombay High Court Dismisses Licensee's Petition Challenging Eviction Order Under Maharashtra Rent Control Act — Licensee Cannot Claim Right to Continue Occupation After Expiry of License Term. The Court held that a licensee must vacate upon expiry of the license period and cannot resist eviction by claiming additional security deposit or improvements without proof.

5 May 2026

The Petitioner, Mohammed Arbaaz Aziz Farooqui, was a licensee of Flat No. 143, B-Wing, 14th floor, Heera Panna CHS, Tulsiwadi, Mumbai, under a registe...

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