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Bombay High Court Dismisses Impleadment Application in Specific Performance Suit — No Right, Title or Interest in Suit Property at Time of Agreement. Subsequent purchaser/developer not entitled to be impleaded under Order 1 Rule 10 CPC as decree would bind them.

The Bombay High Court dismissed a chamber summons filed by M/s Space Developer, a registered partnership firm, seeking impleadment as a party defendan...

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High Court of Karnataka Allows Liquidator's Appeal, Upholds Forfeiture of EMD and PDM for Default by Successful Bidder in Liquidation Sale. Writ Petitioner's Failure to Pay Balance Sale Consideration Within Stipulated Time Justified Forfeiture Under IBC Regulations.

The appellant, Sri Pankaj Srivastava, Liquidator of M/s Samrudhi Realty Ltd., appealed against an order dated 12.12.2024 passed by a learned Single Ju...

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Supreme Court Dismisses Appeal by Seller Against Union of India Over Forward Contract Dispute. Contract Held to be a Non-Transferable Specific Delivery Contract under Section 2(f) of Forward Contract (Regulation) Act, 1952, and Thus Not Illegal.

The dispute arose from a contract entered into in September 1960 between appellant Modi & Co. and the respondent Union of India, acting through the Di...

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Madras High Court Allows Appeal in Specific Performance Suit — Plaintiff Proves Readiness and Willingness. Agreement to Sell Dated 24.05.2002 for Rs.5,50,000 with Rs.5,00,000 Advance — Defendants Failed to Execute Sale Deed Despite Notice.

The appellant/plaintiff filed a suit for specific performance of a sale agreement dated 24.05.2002, wherein the defendants agreed to sell suit propert...

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High Court of Karnataka Dismisses Appeal for Specific Performance — Plaintiff Failed to Prove Readiness and Willingness and Suit Barred by Limitation. Agreement of Sale Dated 12.1.2000 Fixed Three Months for Execution; Suit Filed in 2003 Beyond Limitation Under Article 54 of Limitation Act, 1963.

The appellant, V.P. Venkatesh, filed a Regular First Appeal under Section 96 read with Order 41 Rule 1 and Section 151 of the Code of Civil Procedure,...