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...
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Search Results for "agreement purchaser"

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High Court

Bombay High Court Dismisses Second Appeal in Real Estate Dispute — Upholds Concurrent Findings on Agreement to Sell and Possession. Appellant failed to prove readiness and willingness to perform contract under Section 16(c) of Specific Relief Act, 1963.

23 Apr 2024

The appellant, Mohammed Zain Khan, filed a Second Appeal before the Bombay High Court challenging the concurrent judgments of the trial court and the ...

High Court

Bombay High Court Dismisses Petition Challenging Execution of Possession Warrant in Specific Performance Decree. Decree for Specific Performance Implicitly Includes Possession Even Without Express Direction, and Executing Court Can Issue Warrant After Sale Deed Execution.

26 Feb 2020

The petitioner, Baliram Kakde, challenged an order dated 13.06.2018 passed by the executing Court in RD No.38 of 2015, which allowed the application f...

High Court

Bombay High Court Dismisses Appeal Against Committal of Insolvent to Civil Prison Under Section 34 of Presidency Towns Insolvency Act, 1909. Insolvent Removed Properties Without Leave of Official Assignee and Failed to Cooperate, Justifying Committal for Six Months.

14 Oct 2013

The appeal arose from an order of the learned Single Judge directing the Appellant, Rajesh D. Vora, who was adjudged insolvent, to be committed to civ...

High Court

Bombay High Court Partially Allows Arbitration Petition Challenging Award in Construction Contract Dispute — Holds Arbitrator's Findings on Delay and Liquidated Damages Suffer from Patent Illegality and Perversity. The court set aside the award of liquidated damages under Section 34 of the Arbitration and Conciliation Act, 1996, finding that the arbitrator ignored the back to back nature of the contract and evidence that the respondent had been granted extension of time by the principal employer without levy of liquidated damages.

14 Dec 2018

The case involves an arbitration petition filed by Punj Lloyd Ltd. (petitioner) challenging an arbitral award dated 31 August 2012 passed by a sole ar...

High Court

High Court of Karnataka Dismisses Defendant's Challenge to Trial Court's Order on Stamp Duty Deficiency in Civil Suit. Interlocutory Order Directing Plaintiffs to Pay Deficit Stamp Duty and Penalty Under Sections 34 and 35 of Karnataka Stamp Act, 1957 Not Liable to Interference Under Articles 226 and 227 of Constitution.

6 Apr 2016

The petitioner, who is defendant No.1 in O.S. No.10/2009 pending before the Court of Civil Judge (Sr.Dn.) Gangavati, filed two writ petitions under Ar...

High Court

Bombay High Court Dismisses Cantonment Board's Challenge to Injunction in Demolition Dispute; Flat Purchaser Deemed Owner Entitled to Notice Under Section 185 of Cantonments Act, 1924. The Court held that construction completed during validity of building permission cannot be considered illegal and that the shop purchaser had a prima facie case for interim protection.

20 Dec 2010

The dispute arose when the Pune Cantonment Board sought to demolish shops in a building constructed on property bearing House No.2147, Modikhana, with...

High Court

Bombay High Court Allows Petition in Specific Performance Suit — Third Party Impleadment Quashed. Consent to Agreement Does Not Confer Right or Interest Under Order I Rule 10 CPC.

14 Jul 2022

The petitioners, plaintiffs in Special Civil Suit No. 17 of 2018, sought specific performance of an agreement dated 16.02.2015 for sale of land Gat 49...

High Court

Bombay High Court Allows Specific Performance of Agreement to Sell Agricultural Land — Plaintiff Proves Readiness and Willingness. The court held that the appellant had continuously shown readiness and willingness to perform the contract, and there was no valid ground to deny specific performance under Section 20 of the Specific Relief Act, 1963.

20 Nov 2013

The appellant, Shrikrishna Ganuji Sonone, filed a suit for specific performance of an agreement to sell an agricultural field (Gat No.36, admeasuring ...

High Court

Bombay High Court Allows Appeal for Refund of Earnest Money in Sale Agreement Dispute — Lower Appellate Court Erred in Denying Refund Without Evidence of Forfeiture Clause. The court held that in the absence of a forfeiture clause in the agreement, the defendant could not retain the earnest money paid by the plaintiff.

29 Jun 2017

The appellant, Jyoti Adsod, filed a suit for recovery of Rs.70,000 paid as earnest money to respondent no.1, Sindhubai Shende, under an agreement of s...

Supreme Court

Supreme Court Allows Revenue Appeal in Income Tax Case — Rectification Deed Held Invalid for Reducing Consideration Without Commercial Substance. The Court restored the addition of Rs. 10,69,79,146/- made by the Assessing Officer under the Income Tax Act, 1961, holding that the rectification deed was a colourable device to evade tax.

22 Mar 2022

The case involves an appeal by the Revenue against the judgment of the Bombay High Court which dismissed its appeal and confirmed the order of the Inc...

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