Search Results for "defendant's right"

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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...
Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "defendant's right"

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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 Reverses High Court Order Permitting Counter-Claim in Property Dispute -- Counter-Claim After Issues Framed and Against Co-Defendant Held Not Maintainable Under CPC

12 Sep 2025

The Supreme Court reversed the High Court of Gujarat's order that permitted defendant no. 2 to amend his written statement and file a counter-claim in...

High Court

Bombay High Court Hears Chamber Summons Filed by Defendant for Return of Plaint in Suit for Damages Under Lease Agreement. Application Seeks Transfer to Chennai Court Citing Exclusive Jurisdiction Clause; Court Also Considers Limitation and Cause of Action.

20 Aug 2013

The matter pertained to a chamber summons filed by the defendant in a suit for damages. The defendant, Integrated Finance Co. Ltd., sought return of t...

High Court

Bombay High Court Dismisses Suit for Possession Under Section 6 of Specific Relief Act, 1963 — Plaintiffs Failed to Prove Prior Possession and Dispossession Within Six Months. Court Held That Summary Suit Under Section 6 Cannot Be Used to Decide Title and Requires Strict Proof of Possession and Unlawful Dispossession.

4 May 2012

The plaintiffs, including Amod Nandkishore Mehra and others, filed a suit under Section 6 of the Specific Relief Act, 1963, seeking restoration of pos...

High Court

High Court of Bombay Dismisses Interim Applications in Property Assignment and Supplemental Agreement Dispute. The court held that an unregistered supplemental agreement cannot modify a registered deed of assignment and was frustrated due to non-fulfillment of conditions, while the plaintiff's rights under the assignment were upheld.

4 Mar 2026

The dispute arose between Applicant (Plaintiff) and (Defendant No.1) over a property assignment. On 20.11.2012, Defendant No.1 executed a registered D...

High Court

Bombay High Court Dismisses Appeals in Specific Performance Suit, Upholds Alternative Decree for Damages. Plaintiff's claim for specific performance of flat agreement dismissed due to subsequent sale to bona fide purchaser; alternative decree for damages against original vendor confirmed.

2 Apr 2026

The judgment arises from two appeals against a common decree dated 14.1.2010 passed by the Bombay High Court in Suit No.1642 of 1984. The original pla...

High Court

Madras High Court Dismisses Second Appeal in Specific Performance Suit — Upholds Concurrent Findings on Readiness and Willingness. Agreement of Sale with Possession and Part Payment Enforced Against Subsequent Purchaser Under Section 16(c) of Specific Relief Act, 1963.

7 Jan 2025

The second appeal arises from a suit for specific performance of a sale agreement dated 15.7.1987 between the plaintiff (first respondent) and the fir...

High Court

High Court of Karnataka Allows Appeal in Specific Performance Suit — Agreement of Sale Not Proved as Genuine and Enforceable. Plaintiff Failed to Establish Readiness and Willingness to Perform Contract Under Section 16(c) of Specific Relief Act, 1963.

20 Jul 2021

The appeal arises from a suit for specific performance of an agreement of sale dated 12.04.2005. The plaintiff (respondent No.1) claimed that defendan...

High Court

Bombay High Court Dismisses Developer's Interim Application in Development Agreement Dispute — Prima Facie Case Not Made Out as Agreement Was Terminated for Non-Performance. Specific Performance Claim Requires Trial; No Irreparable Loss Shown.

19 Nov 2012

The Plaintiffs, Shantilal J. Shah and others, filed a suit seeking a declaration that a Development Agreement dated 25th September 2007 and an Irrevoc...

High Court

High Court of Bombay Disposes of Notice of Motion in Flat Allotment Dispute — Consideration of Interim Relief for Appointment of Receiver and Injunction Sought by Original Allottee’s Transferee. The court examines validity of termination of allotment by builder where original allottee alleged fraud in transfer, and subsequent sales to third parties.

4 Jun 2014

The present dispute arose out of a flat in the Oberoi Splendor project at Andheri, Mumbai. The plaintiff, a practising advocate, filed a suit seeking ...

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