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Bombay High Court Hears Petition to Set Aside Arbitral Award in Redevelopment Dispute; Developer Challenges Directions to Amend Building Plans and Pay Compensation. Court's Decision Awaited.

The dispute pertained to redevelopment of a cooperative housing society's property. The respondent society, owner of a plot in Andheri, Mumbai, appoin...

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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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Bombay High Court Upholds Specific Performance of Development Agreement in Favor of Purchasers. Agreement for Development Treated as Agreement for Sale Under Specific Relief Act, 1963 as Essential Terms Constitute Sale of Immovable Property.

The appellants, original defendants, were the owners of a property in Pune. They executed a development agreement dated 18th October 2007 in favor of ...

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Madras High Court Allows Appeal in Specific Performance Suit — Agreement Holder Failed to Prove Readiness and Willingness. Continuous Readiness and Willingness Must Be Established Throughout the Period of Contract Under Section 16(c) of the Specific Relief Act, 1963.

The appeal arises from a suit for specific performance of an agreement of sale dated 10.06.2006. The plaintiff, T.K.Kandhaswamy, sought to enforce the...

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Supreme Court Upholds Validity of Pre-deposit Condition Under Punjab VAT Act. Condition of 25% Pre-deposit for First Appeal Held Not Unconstitutional, but Appellate Authority Has Inherent Power to Grant Interim Relief.

The Supreme Court considered a batch of appeals challenging the judgment of the Punjab and Haryana High Court which upheld the validity of Section 62(...

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Madras High Court Considers Appeal Against Dismissal of Suit for Specific Performance and Possession. Sale Agreement Dated 24.07.2010 for 1.18 Acres Land with Advance of Rs.1,00,000 Forms Basis of Dispute.

The appeal arose from the dismissal of Original Suit No. 48 of 2017 by the Additional District and Sessions Judge (FTC) Court, Arni, on 23.10.2018. Th...

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Supreme Court Dismisses Appeal in Specific Performance Suit, Upholds Refund of Earnest Money with Interest. Plaintiff failed to prove readiness and willingness for specific performance, but defendant must refund earnest money with 12% interest under Section 22 of Specific Relief Act, 1963.

The appellant (plaintiff) entered into a sale agreement dated 19.03.2010 with the respondents (defendants) for purchase of property bearing Survey No....

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Supreme Court Dismisses Special Leave Petition Against Delhi High Court’s Unconditional Stay of Money Decree Under Order XLI Rule 5 CPC. Execution of Trademark Infringement Money Decree Stayed Without Deposit Pending Appeal, Upheld by Apex Court Citing Sufficient Cause.

The dispute arose from a civil suit instituted by Lifestyle Equities C.V. and anor, claiming to be the proprietor of the Beverly Hills Polo Club trade...