Search Results for "Refund of Advance"

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Search Results for "Refund of Advance"

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High Court

Madras High Court Allows Appeal in Specific Performance Suit — Agreement of Sale Not Proved, Plaintiff Failed to Establish Readiness and Willingness. The court set aside the decree for specific performance and refund of advance under the Specific Relief Act, 1963, as the plaintiff did not prove the execution of the agreement or his continuous readiness and willingness.

2 Apr 2026

The appeal arises from a suit for specific performance of an agreement of sale. The plaintiff/respondent claimed that on 14.09.2015, the defendants/ap...

High Court

High Court of Karnataka Allows Appeal in Recovery of Money Suit — Limitation Period for Refund of Advance Under Agreement to Sell Governed by Article 113 of Limitation Act, Not Article 24. Agreement to Sell Not a Bond, Hence Article 24 Inapplicable; Suit Filed Within Three Years from Date of Refusal to Execute Sale Deed Is Within Limitation.

29 Apr 2025

The appellants, original plaintiffs, filed a suit for recovery of money seeking refund of an advance amount of Rs. 5,00,000 paid to the respondent-def...

High Court

High Court of Karnataka Allows Amendment of Plaint in Specific Performance Suit — Legal Representatives Permitted to Add Alternative Prayer for Refund of Advance. Pre-trial amendment under Order VI Rule 17 CPC is to be liberally allowed if it does not cause irreparable prejudice to the opposite party.

24 Feb 2025

The petitioners, legal representatives of the deceased plaintiff Chintamani Madhav Joshi, filed a writ petition under Article 227 of the Constitution ...

High Court

High Court of Karnataka Allows Amendment in Suit for Specific Performance to Include Alternative Relief of Refund of Advance Amount. Amendment Sought Under Order VI Rule 17 CPC and Section 22 of Specific Relief Act, 1963 Held Permissible as It Does Not Change Nature of Suit.

9 Aug 2024

The petitioner, M/s. Samrudhi Groups, a registered partnership firm, filed a suit for specific performance of contract (O.S.No.281/2017) against the r...

Supreme Court

Supreme Court Dismisses Plaintiff's Appeal in Specific Performance Suit — Refund Reduced to Rs. 3 Lakhs Due to Lack of Proof of Additional Payment. The High Court's finding that the plaintiff failed to prove payment of Rs. 15,00,000/- additional advance consideration was upheld, as the suit notice omitted the amount and there was no corroboration.

8 Jul 2024

The appellant/plaintiff filed a suit for specific performance of an agreement dated 26.03.1998 for sale of property by defendant no. 1 for Rs. 30,00,0...

High Court

High Court of Karnataka Allows Amendment in Specific Performance Suit to Include Alternative Relief of Refund of Advance Sale Consideration. Amendment Sought Under Order VI Rule 17 CPC Must Be Liberally Allowed to Avoid Multiplicity of Proceedings and Does Not Change Nature of Suit.

8 Jun 2021

The petitioner-plaintiff filed a suit for specific performance of contract in O.S.No.103/2014 before the Senior Civil Judge, Chikodi. During the pende...

High Court

High Court Grants Anticipatory Bail to Petitioner in Cheating Case Where Sale Agreement Was Cancelled and Advance Refunded. Petitioner Not Required for Custodial Interrogation as Offences Under Sections 419, 420, 468, 471, 120-B IPC Do Not Prima Facie Attract.

8 Jul 2020

The petitioner, K.L. Muralidhar, filed a criminal petition under Section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking anticipatory ba...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Land Procurement Dispute — Refund of Rs.91 Lakhs Upheld as Petitioner Failed to Prove Land Procurement Under MOU.

21 Nov 2018

The petitioner, Manvel Tuscano, sole proprietor of M/s. Manvel Land Empire, and the respondent, DLF Limited, a real estate developer, entered into a m...

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