Search Results for "Relief against forfeiture"

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Bombay High Court Partly Allows Appeal in Specific Performance Suit, Orders Refund of Earnest Money with Interest. Plaintiff failed to prove readiness and willingness, but defendants cannot forfeit earnest money without proof of loss.

The original plaintiff filed a suit for specific performance of an agreement to sell dated 20.02.2008 in respect of a suit property admeasuring 70,000...

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Karnataka High Court Dismisses State's Appeal Against Single Judge Order Directing Conveyance of Land to Auction Purchaser. State's Arbitrary Denial of Land to Highest Bidder in Public Auction Violates Article 14 of Constitution.

The State of Karnataka and the Deputy Commissioner, Bangalore Urban District, filed a writ appeal under Section 4 of the Karnataka High Court Act, 196...

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Bombay High Court Allows Refund of EMD in Tender Dispute - Petitioner Entitled to Full Refund of Earnest Money Deposit as Forfeiture Without Specific Clause is Unjust Enrichment. The Court directed refund of balance 10% EMD of Rs.12 lakhs as retention without contractual basis is impermissible.

The Petitioner, M/s. API Civilcon Private Limited, filed a Writ Petition seeking a writ of mandamus against the Municipal Corporation of Greater Mumba...

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Supreme Court Dismisses Appeal in Specific Performance Suit Upholding Extension of Time for Deposit. Trial Court's Discretionary Order Under Section 148 CPC and Section 28 Specific Relief Act Upheld as Plaintiff Showed Sufficient Cause for 853-Day Delay Through Illness.

The dispute arose from a civil suit for specific performance of an agreement to sell dated 09.05.2012, where the plaintiff had paid an advance of Rs. ...

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Bombay High Court Dismisses Union of India's Challenge to CAT Order Allowing Reinstatement of Resigned IRS Officer. Resignation Withdrawn Before Acceptance, Employee Entitled to Rejoin Service Under Service Rules.

The respondent, Sanjay Kumar S. Zumbre, was a direct recruit IRS Officer of the 1992 batch. He was transferred to Guntur Commissionerate at Vishakhapa...

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Bombay High Court Dismisses Second Appeals in Rent Control Cases, Upholds Appellate Court's Finding of No Tenancy. Landlord's Suit for Possession Fails as Tenant Proves Payment of Rent and Absence of Valid Termination Under Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

The appellant, Radhyesham Ramkaran Choube, filed four second appeals (Second Appeal Nos. 4, 8, 11, and 16 of 2002) against a common judgment dated 10....

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Bombay High Court Allows Landlady's Suit for Possession in Rent Control Case — Limitation Governed by Article 67 of Limitation Act, 1963. Suit Filed Within 12 Years from Termination of Tenancy by Notice is Maintainable.

The case involves a dispute between a landlady (since deceased, represented by heirs) and a tenant (since deceased, represented by heirs) regarding po...

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Bombay High Court Allows Tenant's Petition in Eviction Suit Dismissed for Non-Prosecution. Dismissal of Suit for Possession Does Not Convert Tenant into Trespasser; Tenant Continues as Tenant.

The petitioners, who were tenants of a shop premises, were sued by the respondents (landlords) for possession and mesne profits. The trial court dismi...