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Supreme Court

Supreme Court Dismisses Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Readiness and Willingness Not Proved Despite Loan Approval.

17 Sep 2019

The appellant, Ritu Saxena, filed a suit for specific performance of an Agreement dated July 18, 2004, for the purchase of a flat in New Delhi for Rs....

Supreme Court

Supreme Court Allows Appeal in Specific Performance Case — Sale Deed Held Outright, Not a Security Transaction. Plaintiff Failed to Prove Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963.

7 Feb 2020

The appeal arose from a suit for specific performance of an agreement of reconveyance. The plaintiff, A.S.C. Murthy, alleged that he borrowed money fr...

Supreme Court

Supreme Court Dismisses Appeal for Specific Performance of Agreement for Sale — Plaintiff Failed to Prove Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963. The Court held that mere presence before Sub-Registrar and failure to deposit balance consideration within court-granted time without explanation indicates lack of readiness and willingness.

4 Oct 2019

The plaintiff filed a suit for specific performance of an agreement for sale dated 10.11.1989 for 2/3rd share of lands owned by defendants 1 and 2, wi...

Supreme Court

Supreme Court Sets Aside Impounding of Unstamped Agreement in Specific Performance Suit Pending for 29 Years — Refund of Stamp Duty on Cancelled Conveyance Permitted. The court held that impounding under Section 35 of Indian Stamp Act, 1899 is discretionary and would be unjust where appellant had already paid stamp duty on a conveyance that was cancelled due to setting aside of consent decree.

4 Oct 2019

The case arises from a dispute over a tea estate. The appellant, M/s Terai Tea Company Limited, entered into an agreement to sell dated 15th January 1...

Supreme Court

Supreme Court Remands First Appeal for Fresh Disposal Due to Non-Compliance with Order XLI Rule 31 CPC. High Court Failed to Reappreciate Evidence and Address Limitation Issue Under Article 54 of Limitation Act, 1963 in Suit for Specific Performance.

4 Mar 2020

The Supreme Court considered an appeal by the plaintiff against the judgment of the Karnataka High Court, which had affirmed the trial court's dismiss...

Supreme Court

Supreme Court Partially Allows Appeal in Specific Performance Suit — Decree Limited to Co-owner's Share Only. Agreement to Sell by One Co-owner Cannot Bind Other Co-owner's Share Without Authority Under Hindu Succession Act, 1956.

24 Oct 2019

The appeals arose from a suit for specific performance of an agreement to sell dated 24.4.1979 concerning property at 1B, Palace Road, Bangalore. The ...

Supreme Court

Supreme Court Allows Appeal in Specific Performance Suit Due to Plaintiff's Failure to Prove Readiness and Willingness. The court held that a suit for specific performance is not maintainable without challenging the cancellation of the agreement, and the plaintiff must personally prove readiness and willingness.

1 Oct 2019

The case involves an appeal by the defendant against concurrent decrees for specific performance of an agreement for sale of a house. The agreement wa...

Supreme Court

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.

17 Oct 2019

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

Supreme Court

Supreme Court Sets Aside Injunction in Specific Performance Suit Due to Lack of Prima Facie Case and Delay. The Court held that the plaintiff failed to establish a strong prima facie case of a concluded contract under the Specific Relief Act, 1963, and the unexplained delay of over 7 months in filing the suit weighed against grant of temporary injunction.

6 Jan 2020

The Supreme Court of India heard appeals against a common order of the Gujarat High Court affirming a temporary injunction granted by the trial court ...

Supreme Court

Supreme Court Dismisses Appellant's Appeal in Specific Performance Suit Due to Repeated Delays in Filing Written Statement. Unamended Order VIII Rule 1 CPC is Directory but Gross Negligence Justifies Striking Off Defence.

17 Jan 2020

The Supreme Court dismissed the appeal filed by Desh Raj against the order of the Delhi High Court which upheld the Civil Court's decision to close hi...

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