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High Court

High Court of Bombay at Goa Hears First Appeal Against Partial Decree in Suit for Specific Performance of Development Agreement. Trial Court Declared Forfeiture of Advance Unlawful but Denied Specific Performance, and Appellant Seeks Reversal.

5 Nov 2014

This First Appeal challenged the judgment and decree dated 20.09.2013 passed by the Civil Judge Senior Division, Vasco in Special Civil Suit No. 13/20...

High Court

Bombay High Court Addresses Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963 and Scope of Order XLI Rule 22 CPC in Second Appeal. Conditional Readiness to Perform Contract Held Not Sufficient; Respondent Cannot Challenge Adverse Finding Without Cross-Objection.

23 Feb 2005

The case originated from a suit for specific performance of an agreement for sale dated 17 August 1973 concerning immovable property. The plaintiff, V...

High Court

FIRST APPEAL NO.514 OF 2014

16 Jan 2020

The appeal arose from a suit dismissed by the trial court for mandatory injunction seeking execution of an agreement for sale of a flat under the Maha...

High Court

Bombay High Court Upholds Plaintiff in Suit for Declaration and Possession — Agreement for Sale Terminated Due to Dishonoured Post-Dated Cheques. Defendants' Claim of Protected Tenancy and Part Performance Rejected as They Failed to Pay Balance Consideration.

2 Aug 2011

The suit pertained to an agreement for sale of a flat and garage at 'Asha Mahal', Pedder Road, Bombay. The plaintiff, Yuvrani Hansa Devi, had initiall...

High Court

Bombay High Court Upholds Appeal by Purchasers in Specific Performance Suit Against Builder; Grants Temporary Injunction Restraining Creation of Third Party Interest. Builder’s Demand for Full Payment Before Possession Ready Held Unjustified Under Agreement, Balancing Amount Deposited by Purchasers in Court.

10 Aug 2011

This appeal arose from an order of the trial court rejecting an application for temporary injunction in a suit for specific performance. The plaintiff...

High Court

Bombay High Court Dismisses Suit for Specific Performance of Property Sale Agreement Due to Plaintiffs' Default and Unauthorized Payments. Plaintiffs Failed to Pay Balance Consideration Within Stipulated 10-Month Period and Dealt with Sole Director Contrary to Board Resolution Requiring Joint Action.

7 May 2010

The suit was filed by the plaintiffs, Pankaj Anantrai Bhuwa & others, against the defendant, M/s. Ramkumar Shivchandray & Sons, seeking specific perfo...

High Court

High Court of Judicature at Bombay Answers Issues in Suit for Specific Performance and Alternative Reliefs; Vendor Found to Have Breached Obligations by Not Providing Marketable Title and Not Clearing Slum Encumbrance. Illegal Termination of Agreement and Forfeiture of Earnest Declared Invalid as Vendors Failed to Perform Their Reciprocal Covenants Under the Contract.

19 Jul 2010

The plaintiff, a developer firm, entered into an agreement for sale with defendants 1 to 5 (vendors) on 1 November 1979 to purchase land with occupant...

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