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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Readiness and Willingness Upheld. Agreement to Sell for Rs. 1,10,000 with Rs. 1,000 Earnest Money; Plaintiff Proved Continuous Readiness and Willingness to Perform.

The case involves a suit for specific performance of an agreement to sell agricultural land. The plaintiffs (respondents) entered into an agreement wi...

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Bombay High Court Allows Arbitration Application Under Section 11 of Arbitration and Conciliation Act, 1996 — Appointment of Arbitrator for Partnership Dispute. Court finds existence of arbitration clause in partnership deed and refers parties to arbitration despite dispute over dissolution.

The applicant, Mr. Palwinder Singh Samra, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of ...

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Bombay High Court Dismisses Challenge to MOFA Amendments and Upholds Conveyance Order — Amendments to Maharashtra Ownership of Flats Act, 1963 by Act No.4 of 2008 are intra vires and Competent Authority's order directing conveyance is valid as promoter failed to execute conveyance within statutory period.

The petitioner, M/s. Shree Siddharth Construction, a partnership firm, challenged the constitutional validity of amendments made to the Maharashtra Ow...

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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.

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...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Interim Relief in Property Suit — No Prima Facie Case for Return of Title Documents Pending Trial. Agreement for Sale Not Registered and Possession Not Delivered; Trial Court's Discretion Upheld Under Article 227.

The petitioners, as plaintiffs, filed Special Civil Suit No.660 of 2014 against the respondents seeking (i) direction to the bank (defendant no.2) to ...

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Bombay High Court Considers Interim Application for Arbitration Reference in Commercial Summary Suit — Dispute Involves Recovery of Investment Amount and Applicability of Arbitration Clause in MOU

This judgment pertains to an interim application filed by the defendants in a commercial summary suit seeking reference of the dispute to arbitration ...

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High Court of Gujarat Dismisses Revision Against Rejection of Plaint Rejection Application in Specific Performance Suit. Court holds that the plaint discloses a cause of action and the suit is not barred by limitation under Article 54 of the Limitation Act, 1963.

The case involves a civil revision application filed by the defendant No.4 (appellant) challenging an order dated 06.05.2023 passed by the 2nd Additio...