Search Results for "voidable agreement"

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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...
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Search Results for "voidable agreement"

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High Court

High Court of Karnataka Allows Appeal in Property Dispute — Sale Deed by GPA Holder Without Authority Declared Void. Court holds that a General Power of Attorney must expressly authorize sale of immovable property and that the burden of proving authority lies on the party relying on the GPA.

30 May 2016

The case involves a regular first appeal filed by the defendants against the judgment and decree dated 24.02.2012 in O.S.No.2405/2010 passed by the XI...

High Court

High Court of Bombay Adjudicates Writ Petition Against MMRDA Regarding Levy of Additional Premium on Leasehold Land. Petitioner Assails Demand Notice as Contrary to Lease Agreement and Arbitrary.

8 Apr 2026

The Writ Petition was instituted challenging the Demand Notice dated 9th September 2014 issued by Respondent No.1 – Mumbai Metropolitan Region Devel...

High Court

High Court of Gujarat Allows Appeal in Property Dispute Case — Sale Deed Cancelled Due to Lack of Consideration and Fraud. The court held that a sale deed executed without payment of consideration and based on fraudulent misrepresentation is voidable and liable to be set aside under the Specific Relief Act, 1963.

24 Mar 2026

The present appeal arises from a judgment and decree dated 10.12.2019 passed by the learned 4th Additional Senior Civil Judge, Ahmedabad in Special Ci...

High Court

Madras High Court Dismisses Second Appeal in Specific Performance Suit — Upholds Concurrent Findings of Readiness and Willingness. Sale Agreement for Rs.4,75,000 with Rs.75,000 advance; plaintiff always ready and willing; defendant's unilateral rescission invalid.

10 Jan 2025

The case arises from a suit for specific performance of a sale agreement dated May 26, 2006, whereby the plaintiff (first respondent) agreed to purcha...

High Court

Bombay High Court Dismisses Winding Up Petition Under Section 433(e) of Companies Act, 1956 for Debt Disputed in Good Faith. Petition Filed to Exert Pressure for Unreasonable Demands, Not for Recovery of Genuine Debt.

7 Jun 2006

The petitioner, Fomento Resorts And Hotels Ltd., filed a winding up petition under Section 433(e) of the Companies Act, 1956 against the respondent, G...

High Court

Bombay High Court Upholds Conviction Under Section 138 NI Act for Cheque Dishonour Due to Stop Payment. Accused's Defence of Agreement Breach Fails as Stop Payment Constitutes Dishonour Under Section 138 of Negotiable Instruments Act, 1881.

27 Sep 2006

The case involves a criminal revision petition filed by the accused, Gabriel Peter D'Souza, challenging his conviction under Section 138 of the Negoti...

High Court

Karnataka High Court Hears Regular First Appeal Against Part Decree in Specific Performance Suit; Appellant Challenges Dismissal at Admission Stage Under Section 96 CPC. Scope of Section 96 CPC and Requirement of Full Hearing on Merits in Appeals Questioned; Trial Court Had Dismissed Specific Performance Claim for Lack of Readiness and Willingness but Ordered Refund of Advance.

3 Mar 2015

The appeal arose from a suit for specific performance of an agreement to sell immovable property. The plaintiff (appellant) and defendant No.1 execute...

Supreme Court

Supreme Court Allows Appeals in Specific Performance Case — Assignment of Contractual Rights Requires Consent of Original Party. The Court held that assignees cannot enforce specific performance against original owners without their consent, as the original vendees' rights were extinguished by withdrawal of suit and cancellation of agreement.

25 Nov 2019

The case involves four suits for specific performance filed by Respondent Nos. 1 (assignees) against the Appellants (original owners) based on agreeme...

Supreme Court

Supreme Court Dismisses Appeal in Specific Performance Suit — Time Was Essence of Contract and Plaintiffs Failed to Prove Readiness and Willingness. Limitation Period Under Article 54 of Limitation Act, 1963 Starts from Date Fixed for Performance; Extension Not Proven.

26 Feb 2019

The appeal arose from a suit for specific performance of an agreement to sell property at 82, Jor Bagh, New Delhi, dated 05.10.1974, between the plain...

High Court

Bombay High Court Dismisses Society's Receiver Appointment Plea in Redevelopment Dispute — Oral Contract Not Enforceable Under Specific Relief Act. Court holds that an oral agreement for redevelopment of a co-operative housing society, even if evidenced by resolutions, is not specifically enforceable under Section 10 of the Specific Relief Act, 1963, and that appointment of a receiver under Order XL Rule 1 of the Code of Civil Procedure, 1908 is not warranted when the plaintiff has no legal right to possession.

12 Nov 2014

The plaintiff, Mangal Milan Co-operative Housing Society Ltd., filed a suit seeking specific performance of an oral contract for redevelopment of the ...

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