Search Results for "Sale agreement"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "Sale agreement"

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Supreme Court

Supreme Court Allows Appeal in Conditional Sale Dispute — Holds That Transaction Was a Sale with Condition of Repurchase, Not a Mortgage. The Court restored the Trial Court's decree dismissing the suit for specific performance, finding that the conditional sale deed dated 5.8.1977 was an out-and-out sale with a condition of repurchase, and the suit filed in 1983 was premature as the condition could only be exercised by July 1984.

4 Jul 2023

The case involves a dispute over a property in Patna. Kishori Lal Sahu, the original owner, along with his son, executed a conditional sale deed dated...

High Court

Bombay High Court Dismisses Vessel Owner's Application for Release of Arrested Vessel Due to Repeated Breach of Undertakings and Contempt of Court. Auction Purchaser's Application for Confirmation of Sale Allowed as Vessel Owners Failed to Furnish Security in Time.

24 Mar 2021

The case involves a commercial admiralty suit filed by GAC Shipping (India) Pvt Ltd & Anr against MV Golden Pride & Ors. The vessel was arrested. The ...

High Court

Bombay High Court Allows Specific Performance of Agreement for Sale Despite Fragmentation Act Restrictions — Condition Precedent of Obtaining Permission Not Fulfilled by Vendor. Vendor's Failure to Obtain Permission Under Bombay Prevention of Fragmentation and Consolidation Holdings Act, 1947 Does Not Bar Specific Performance When Purchaser is Ready and Willing.

29 Nov 2012

The appellant, Shantaram Babu Longale, filed Regular Civil Suit No. 71 of 1981 against the respondents for specific performance of an agreement for sa...

High Court

Bombay High Court Sets Aside Arbitral Award for Specific Performance of Development Agreement — Failure to Consider Limitation and Lack of Evidence of Agreement. Section 34 of Arbitration and Conciliation Act, 1996 challenge succeeds as award based on letter dated November 4, 2003 read with unregistered document suffers from patent illegality and perversity.

12 Dec 2025

The Bombay High Court set aside an arbitral award dated August 5, 2017, which had granted specific performance of a development agreement in favor of ...

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...

Supreme Court

Supreme Court Upholds Referral to Arbitration Despite Fraud Allegations in Development Agreement Dispute. Arbitration Clause Survives Challenge When Fraud Relates to Inducement Not Affecting Contractual Terms.

19 Aug 2020

The appeal arose from a civil suit filed by Deccan Paper Mills Co. Ltd. (appellant) against Regency Mahavir Properties and others (respondents) seekin...

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 Dismisses Appeal by Bank in Possession Suit, Upholds Trial Court's Decree for Possession and Mesne Profits. Counterclaim for Specific Performance of Sale Contract Dismissed as Unenforceable Due to Lack of Registered Agreement and Failure to Prove Readiness and Willingness.

1 Aug 2014

The case involves a dispute over immovable property, Municipal House No.9 at Ahmedpur, consisting of a godown, three rooms, and open space on a plot o...

High Court

Bombay High Court Enforces Foreign Arbitral Award in Favor of Singapore Seller Against Indian Buyer. Rejects Objections Based on Conflicting Jurisdiction Clauses and Public Policy Under Section 48 of Arbitration and Conciliation Act, 1996.

4 Feb 2013

The petitioner, M/s. Louis Dreyfus Commodities Asia Pte Ltd., a Singapore-based company, filed a petition under Sections 47 and 48 of the Arbitration ...

High Court

Bombay High Court Dismisses Appellant in Second Appeal for Specific Performance — Upholds Concurrent Findings that Agreement Was Sham. Written Sale Agreement Held to Mask Leave and Licence Transaction Based on Admissions and Extrinsic Evidence Permissible Under Section 92 Proviso of Indian Evidence Act, 1872.

16 Jul 2013

The dispute arose from an agreement dated 9 July 1996 between the plaintiff-appellant and the defendant-respondent concerning a shop in Aurangabad. Th...

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