Search Results for "reciprocal promises"

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Bombay High Court Dismisses Contractor's Suit for Specific Performance and Allows Society's Counterclaim for Damages in Construction Dispute. Agreement dated 13th March 1978 held valid but not specifically enforceable due to mutual breaches and failure to prove readiness and willingness.

The judgment concerns two cross-suits between M/s. Shanti Builders (a building contractor) and CIBA Industrial Workers' Co-op. Housing Society Ltd. (t...

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Supreme Court Allows Vendor's Appeal, Dismisses Vendee's Suit for Specific Performance Due to Non-Payment of Rent. Payment of Customary Rent Held an Essential Term of Contract, Non-Performance Bars Discretionary Relief Under Section 16(c) of Specific Relief Act, 1963.

The case involves an agreement to sell dated 13.05.1964 between Mohinder Kaur (vendor) and Bahadur Singh (vendee) for sale of land for Rs.5605/-, with...

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Bombay High Court Grants Interim Injunction in Franchise Dispute Over Confidentiality and Copyright Infringement. The court restrained the defendant from breaching confidentiality, making false statements, and infringing copyright under the Franchisee Agreement.

The plaintiffs, Villa Moda General Trading Co. W.L.L. and another, filed a suit against Chordia Fashions Pvt. Ltd. seeking various injunctions arising...

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Bombay High Court Partially Allows PWD's Challenge to Arbitral Award in Road Construction Contract Dispute. Court Upholds Damages Beyond 1% Cap Due to Contractor's Abandonment but Reduces Interest Rate from 18% to 9% Simple.

The case arises from three arbitration petitions filed by the Public Works Department (PWD) of Maharashtra under Section 34 of the Arbitration and Con...

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Legal Analysis of Dishonored Cheques Case. Delve into the intricacies of evidence, witness testimonies, and contractual obligations in a high-stakes legal battle over dishonored cheques under Section 138 of the Negotiable Instruments Act.

The case revolves around the issuance of cheques by Ambitious Marketing to Kores (India) Ltd. for goods received but not honored due to "payment stopp...

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Bombay High Court Dismisses Criminal Applications Challenging Magistrate's Orders in Private Complaint Cases — Reiterates Limited Scope of Revision Against Interlocutory Orders Under Section 397 CrPC. Order Issuing Process Under Section 204 CrPC is Interlocutory and Not Subject to Revision.

The judgment involves multiple criminal applications filed before the Bombay High Court challenging orders passed by Magistrates issuing process again...

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Bombay High Court Dismisses Section 9 Petition Seeking Stay of Cancellation of Letter of Award in Tender Dispute. Court holds that disputes arising from pre-contractual stage are not arbitrable and interim relief under Section 9 cannot be granted when no arbitration agreement exists.

The Petitioner, Provident Multi-Trading Pvt. Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996 seeking interim reli...

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Supreme Court Allows Appeal and Restores Decree for Specific Performance in Property Sale Dispute — Time Not of Essence Due to Reciprocal Promises. Seller's Obligation to Clear Mortgage First Made Time Flexible; Plaintiff's Readiness and Willingness Established by Deposits and Notices.

The appeal arose from a suit for specific performance of an agreement to sell dated 22.09.2002, whereby the defendant agreed to sell suit property to ...