Search Results for "Execution of document"

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Search Results for "Execution of document"

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High Court

Bombay High Court Allows Appeal in Specific Performance Suit — Agreement to Sell Not Proved Due to Lack of Independent Witnesses and Discrepancies in Evidence. The court upheld the dismissal of the suit for specific performance as the plaintiff failed to prove the execution of the agreement to sell and did not show readiness and willingness to perform the contract.

1 Apr 2026

The present First Appeal is filed by the heirs of the original Plaintiff challenging the Judgment dated 19th December 2007 passed by the Bombay City C...

High Court

Madras High Court Dismisses Appeal in Money Recovery Suit Based on Unproven Sale Agreements. Plaintiff Failed to Establish Execution of Agreements or Payment of Advance Amount, Trial Court's Findings Upheld.

28 Jan 2026

The appellant, A. Mohammed Thariq, filed a First Appeal under Section 96 read with Order 41 Rule 1 of the Code of Civil Procedure, 1908, against the j...

High Court

High Court of Judicature at Bombay Considers Writ Petition Seeking Refund of Stamp Duty on Unexecuted Instrument Under the Maharashtra Stamp Act, 1958. Court examines whether payment of stamp duty without execution of an instrument constitutes a valid charge and whether writ jurisdiction can be invoked for refund beyond the statutory limitation period, focusing on the definition of ‘instrument’ under Section 2(l) and the scheme of Sections 47 and 48.

12 Dec 2025

The writ petition raised the question whether the High Court’s extraordinary jurisdiction under Article 226 of the Constitution could be invoked to ...

High Court

Bombay High Court Allows Appeal in Specific Performance Suit — Agreement to Sell Not Proved as Genuine. Court finds that the plaintiff failed to discharge the burden of proving the execution and validity of the agreement to sell, and the suit was barred by limitation under Article 54 of the Limitation Act, 1963.

2 Apr 2024

The appellant, Zainab Rafiullah Shaikh, was the original defendant No.3 in a suit for specific performance filed by the respondent, Puthenveedu Joseph...

High Court

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.

20 Jul 2021

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...

High Court

Bombay High Court Allows Appeal in Specific Performance Case — Agreement for Sale Not Proved as Plaintiff Failed to Establish Execution and Attestation of Document. Court holds that mere production of a photocopy of an agreement is insufficient to prove its execution when the original is not produced and attesting witnesses are not examined.

5 Jul 2011

The appellant, original defendant, challenged the judgment and decree of the 2nd Joint Civil Judge, Senior Division, Aurangabad in Special Civil Suit ...

High Court

Bombay High Court Dismisses Appeal in Specific Performance Suit — Agreement to Sell Not Proved and Suit Barred by Limitation. Plaintiff failed to prove execution of agreement and suit was filed beyond three years from notice of refusal under Article 54 of Limitation Act, 1963.

30 Nov -0001

The appellant, Sandeep Kashinath Parab, filed a suit for specific performance of an agreement to sell dated 15/06/1998 allegedly executed by the respo...

High Court

Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Suit for Specific Performance — Agreement to Sell Not Proved as Execution and Attestation Were Not Established. The Court Held That the Plaintiff Failed to Discharge the Burden of Proof Under Section 16(c) of the Specific Relief Act, 1963 and Section 68 of the Evidence Act, 1872.

30 Nov -0001

The petitioner, Jayprakash Sitaram Goel, filed a suit for specific performance of an agreement to sell dated 1st May 1995 and for permanent injunction...

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