Search Results for "agreement purchaser"

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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 Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "agreement purchaser"

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High Court

Bombay High Court Dismisses Petition by Purchaser of Land Challenging Tenant's Right to Purchase Under Bombay Tenancy Act. The court held that the tenant's application under Section 32(G) of the Bombay Tenancy and Agricultural Lands Act, 1948 was maintainable despite an earlier uncommunicated order, and the purchaser from the landlord cannot defeat the tenant's rights.

19 Mar 2013

The dispute pertains to agricultural land Survey No.173 (Gat No.213) situated at village Pachwad, taluka Wai, district Satara. The original landlord w...

High Court

Bombay High Court Upholds Amendment of Plaint to Implead Subsequent Purchaser in Specific Performance Suit. Subsequent Purchaser Claiming Under Vendor is a Necessary Party and No Prejudice is Caused by Impleadment.

26 Jul 2013

The appeal arose from an order of a Learned Single Judge allowing a Chamber Summons for amendment of the plaint in a suit for specific performance. Th...

Supreme Court

Supreme Court Dismisses Appeal in Specific Performance Suit Under Specific Relief Act 1963 - Upholds Decree for Specific Performance Based on Plaintiff's Readiness and Willingness. The Court affirmed that time was not of the essence, discharge of mortgage was a condition precedent, and the plea under Order II Rule 2 CPC was not raised in the written statement and thus barred.

20 Jan 2022

The appeal arose from a judgment and order dated 7 January 2019 of a Single Judge of the High Court of Judicature at Madras, which dismissed the secon...

Supreme Court

Supreme Court Allows Appeal in Mortgage Redemption Suit, Reinstating Decree for Redemption. Purchaser from Mortgagor Held Necessary Party in Foreclosure Suit Under Order XXXIV Rule 1 CPC, and Right to Redeem Not Extinguished by Decree Against Original Mortgagors Under Section 60 of Transfer of Property Act, 1882.

17 Aug 2021

The dispute arose from a mortgage redemption suit involving land mortgaged in 1954. The plaintiff purchased the mortgaged land via registered sale dee...

Supreme Court

Supreme Court Reinstates Specific Performance Decree in Land Sale Agreement Dispute. Trial Court's Discretion to Enhance Sale Consideration Upheld as Plaintiff Demonstrated Readiness and Willingness Under Specific Relief Act, 1963.

13 Jan 2023

The dispute arose from an agreement to sell dated 07.08.2005, where the defendants agreed to sell land to the plaintiff for Rs. 8,750 per cent, with a...

Supreme Court

Supreme Court Dismisses Appeal in Specific Performance Case Upholding High Court's Direction for Execution of Sale Deed. The court found the respondent demonstrated readiness and willingness to perform the contract through correspondence and legal notices, justifying specific performance under contract law principles.

18 Apr 2023

The Supreme Court heard two appeals arising from a property dispute involving a sale agreement executed by G. Venugopala Rao in favor of Respondent No...

High Court

Karnataka High Court Hears Writ Petition of Auction Purchaser Against DRAT Order Setting Aside Sale Under RDDBFI Act. Petitioner Challenges Order Directing Refund of Bid Amount, Alleging Fraudulent Agreement to Defeat Auction Sale.

18 Dec 2014

The petitioner, Smt. K. Padma, auction purchaser of a property in a bank recovery sale, filed a writ petition under Articles 226 and 227 of the Consti...

High Court

Bombay High Court Partially Allows Arbitration Petitions Challenging Award on Agreement for Sale — Refund Ordered Instead of Specific Performance. The court upheld the arbitral tribunal's refusal to grant specific performance but reduced the interest rate on refund from 8% to 6% per annum under Section 34 of the Arbitration and Conciliation Act, 1996.

23 Mar 2023

The judgment concerns two arbitration petitions arising from a common arbitral award dated 31st March 2022. The dispute originated from a registered a...

High Court

Bombay High Court Allows Plaintiff's Second Appeal in Possession Suit — Part Performance Protection Under Section 53-A of Transfer of Property Act, 1882 Denied to Purchasers for Failure to Show Readiness and Willingness. Agreement for Sale Held Unenforceable Due to Non-Compliance with Income Tax Act, Making Performance Impossible.

21 Jan 2022

The plaintiff, owner of the suit property, filed a suit for recovery of possession against the defendants who were purchasers in possession under an a...

High Court

High Court of Karnataka Allows Petition Challenging Impleadment Order in Specific Performance Suit — Purchaser Pendente Lite Not a Necessary Party Under Order 1 Rule 10 CPC. Doctrine of Lis Pendens Binds Transferee to Decree, Making Impleadment Unnecessary.

30 May 2013

The petitioner, Sri T.S. Mahadevaiah, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 17.1.20...

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