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Bombay High Court Allows Amendment in Suit for Specific Performance and Injunction — Delay Condoned Due to Sufficient Cause. Amendment sought to incorporate subsequent events and additional reliefs held necessary for complete adjudication of dispute.

The present application was filed by the applicants/plaintiffs, Meteor Estates Pvt. Ltd. and Romesh Satyanarayan Sharma, seeking amendment of the plai...

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Protecting the Rights of the Appellant: Court Rules Against Bonafide Purchasers in the Doctrine of Lis Pendens Case. Rejection of Defence and Upholding of Decree in a Property Dispute

The proceedings and judgment of an appeal filed before a court, challenging a judgment and order passed by the Punjab and Haryana High Court on 03.10....

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Supreme Court Allows IDBI Bank's Appeal in Winding Up Case — Revival of Winding Up Proceedings Set Aside and Sale Deed Directed to Be Executed. Agreement to Sell Not Fraudulent Preference Under Section 531 of Companies Act, 1956 as Executed Beyond Six-Month Period and Bona Fide.

The Supreme Court considered two appeals by IDBI Bank (erstwhile United Western Bank) against judgments of the Madras High Court relating to the windi...

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Supreme Court Allows Appeal in Specific Performance Suit, Restores Trial Court's Decree for Money Recovery Instead of Specific Performance. The High Court erred in granting specific performance as the transaction was found to be a loan with collateral security under the Specific Relief Act, 1963.

The Supreme Court allowed the appeal by the subsequent purchasers (appellants) against the High Court's decree granting specific performance of an agr...

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Supreme Court Dismisses Appeals in Specific Performance Suits — Concurrent Findings of Fact Not Disturbed. Agreements of Sale Dated 16.07.1980 Were Not Genuine and Were Created to Defeat Prior Agreement of 27.03.1979.

The case involves two civil appeals arising from a judgment of the Madras High Court which reversed the trial court's decree for specific performance ...

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Supreme Court Upholds Decree for Specific Performance of Agreement to Sell Joint Hindu Family Property by Karta. Readiness and Willingness of Plaintiff to Perform Contract is a Finding of Fact Binding on Appellate Courts.

The Supreme Court dismissed the appeal filed by the defendants (legal representatives of the original defendant No.1 and defendant Nos. 2 and 3) again...

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Bombay High Court Dismisses Writ Petition Challenging SARFAESI Proceedings Against Partnership Firm and Guarantors. SARFAESI Act Section 13(2) Notice Validly Issued Against Principal Borrower and Guarantors, and Section 17 Application Before DRT Is the Appropriate Remedy.

The petitioners, M/s. Otoklin Global Business (a partnership firm) and its partner Mr. Dhaval Dilip Jhaveri, filed a writ petition under Article 226 o...