Search Results for "Performance Deposit"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "Performance Deposit"

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High Court

High Court of Karnataka Declares Rule 6(3)(d) of Karnataka Urban Development Authority Rules 1991 as Ultra Vires and Unconstitutional — Refund of Auction Deposit Ordered with Interest. Rule 6(3)(d) allowing forfeiture of deposit without proof of loss was held to be in conflict with Section 74 of the Indian Contract Act, 1872, and thus ultra vires the Constitution.

2 Jan 2013

The petitioners, Shri K Babjan and K Sulaiman, filed writ petitions under Articles 226 and 227 of the Constitution of India challenging Rule 6(3)(d) o...

High Court

Bombay High Court Dismisses Second Appeal in Specific Performance Suit, Confirms Refund of Earnest Money with Interest. Court holds that alternate relief of refund of earnest money can be granted even without a declaration that cancellation of agreement is illegal, as per Section 22 of Specific Relief Act, 1963.

9 Jul 2026

The present Second Appeal was filed by the appellant challenging the judgment and decree dated 17th April 2025 passed in Regular Civil Appeal No.318 o...

Supreme Court

Supreme Court Allows Tenants' Appeal in Rent Control Case — Striking Out Defence Not Automatic Under Section 15(7) of Delhi Rent Control Act, 1958. Discretionary Power Must Be Exercised Judiciously; Mere Non-Compliance Does Not Justify Striking Out Defence.

24 Sep 2019

The case involves an appeal by tenants against the High Court of Delhi's order upholding the Rent Controller's decision to strike out their defence in...

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 Karnataka Upholds Decree for Specific Performance of Agreement of Sale — Plaintiff's Readiness and Willingness Established. Agreement dated 12.08.2004 for sale of property for Rs.75 lakhs with advance of Rs.10 lakhs; defendant failed to execute sale deed; trial court decree upheld.

31 Mar 2016

The case involves a suit for specific performance of an agreement of sale dated 12.08.2004 for a property in Seegehalli Village, Bengaluru. The plaint...

High Court

Madras High Court Dismisses Appeal for Specific Performance of Sale Agreement — Plaintiff Failed to Prove Readiness and Willingness. Suit for Specific Performance Dismissed as Plaintiff Did Not Show Continuous Readiness and Willingness to Perform His Part of Contract Under Section 16(c) of the Specific Relief Act, 1963.

2 Feb 2026

The appellant/plaintiff filed a suit for specific performance of a sale agreement dated 16.09.2007, by which the defendant agreed to sell agricultural...

High Court

Bombay High Court Adjudicates Section 34 Petition Against Arbitral Award on Termination and Repudiation of Master Asset Purchase Agreement. Arbitrator's Finding of Repudiation by Purchaser and Direction for Refund of Consideration under MAPA Considered.

10 May 2013

The dispute arose from a Master Asset Purchase Agreement (MAPA) dated 31st March 2005 between Siddhivinayak Realties Pvt. Ltd. as purchaser and V Hote...

High Court

Bombay High Court Allows Second Appeal in Specific Performance Suit, Sets Aside Decree Due to Non-Compliance with Section 16(c) of Specific Relief Act, 1963. Plaintiff Failed to Plead and Prove Readiness and Willingness to Perform Contract.

20 Mar 2014

The case involves a second appeal filed by the defendant (Peeraji) against the judgment and decree of the First Appellate Court which granted specific...

High Court

Madras High Court Dismisses Appeal for Specific Performance of Sale Agreement — Plaintiff Fails to Prove Readiness and Willingness. Time was not of essence but plaintiff's conduct showed lack of continuous readiness, disentitling him to discretionary relief under Section 16(c) of the Specific Relief Act, 1963.

12 Feb 2026

The appellant/plaintiff filed a suit for specific performance of a sale agreement dated 09.03.2006 for 51 cents of land at Rs.25,000 per cent. He paid...

High Court

Bombay High Court Dismisses Bank's Application to Reject Plaint in Commercial Suit for Recovery of Fixed Deposits Allegedly Misappropriated by Bank Manager. Court Holds That Dispute Arising from Breach of Contractual Terms of Fixed Deposit Constitutes a Commercial Dispute Under Section 2(1)(c) of Commercial Courts Act, 2015, Despite Allegations of Fraud.

10 Jun 2024

The Bombay High Court dismissed an interim application filed by the State Bank of India (defendant) under Order VII Rule 11 CPC seeking rejection of t...

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