Search Results for "declining performance"

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Supreme Court Dismisses Appeal Against Tender Cancellation in Public Procurement Case — State's Decision to Cancel Tender Upheld as Not Arbitrary Under Article 14 of the Constitution.

The appeal arose from a High Court order dismissing a writ petition challenging the cancellation of a tender by the State. The appellant, a bidder, co...

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Supreme Court Dismisses Curative Petition in Arbitration Dispute Over Termination of Concession Agreement — Upholds Arbitral Award Restored by Earlier Judgment. Court Holds That Curative Jurisdiction Under Article 142 Is Not Available to Re-Argue Merits Where No Miscarriage of Justice Is Shown.

The Supreme Court dismissed a curative petition filed by Delhi Metro Rail Corporation (DMRC) against its earlier judgment in Delhi Airport Metro Expre...

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Bombay High Court Dismisses Petition for Impleadment in Specific Performance Suit — Petitioners Not Necessary or Proper Parties Under Order I Rule 10(2) CPC. Leasehold Rights Acquired Pending Suit Are Subject to Lis Pendens and Do Not Entitle Impleadment.

The petitioners, Sandeep Ramesh Solanki and others, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 1...

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Bombay High Court Dismisses Appeal Against Refusal of Interim Injunction in Development Agreement Dispute. Court holds that plaintiff failed to establish prima facie case and balance of convenience for injunction restraining defendant from dealing with property.

The appellant, M/s Gandhi Builders & Developers, filed a suit for specific performance of a development agreement dated 26-11-2007 with the predecesso...

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Bombay High Court Allows Video Game Parlour Licence Despite Parking Concerns, Emphasizes Reasonable Exercise of Police Powers Under Bombay Police Act, 1951. Commissioner's Refusal Based on Mere Apprehension Without Specific Evidence Held Arbitrary.

The petitioner, Jagdish N. Shetty, sole proprietor of M/s. Om Sai Video Game Parlour, applied for a licence under the Bombay Police Act, 1951 to opera...

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Bombay High Court Allows Appeal in Specific Performance Suit — Injunction Granted Against Alienation of Property. Development Agreement for Cessed Building Confers Prima Facie Rights; Balance of Convenience Favors Developer.

The appeal arises from an order of a learned Single Judge declining relief in a Notice of Motion taken out by the appellants in a suit for specific pe...

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Bombay High Court Allows Second Appeal in Specific Performance Suit — Agreement for Sale Found Not Genuine and Unenforceable. The Court held that the agreement for sale dated 2nd June 1975 was not genuine and enforceable, reversing the concurrent findings of the courts below.

The case involves a second appeal filed by the original defendant, Rajubai w/o. Atmaram Dagade, against the judgment and decree of the lower appellate...