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Supreme Court

Supreme Court Denies Specific Performance; Awards Damages with Interest in Land Sale Dispute. Discretionary Relief Denied Due to False Statements and Lack of Readiness

1 Mar 2024

1. Introduction & Background The Supreme Court of India addressed the appeal filed by the plaintiffs (Major General Darshan Singh's legal heirs) ...

Supreme Court

Supreme Court Allows Plaintiff in Specific Performance Suit Against Tribal Defendant, Overturning High Court's Dismissal Based on Section 36A Maharashtra Land Revenue Code. Court Held That Section 36A Imposes Restriction on Conveyance, Not Agreement to Sell, and Decree for Specific Performance Can Be Granted Subject to Obtaining Sanction, as Plaintiff Paid Rs.2,20,000 Out of Rs.2,25,000 and Performed Contractual Obligations.

15 Feb 2024

The appeal arose from a dispute over specific performance of an agreement to sell dated 31.07.2001, where the defendant, a tribal, agreed to sell land...

Supreme Court

Supreme Court Dismisses Appeal in Execution Proceedings Upholding Auction Sale Despite Procedural Objections. Court affirmed that under Order 21 Rule 90 of Code of Civil Procedure, 1908, setting aside a court sale requires specific pleading and proof of material irregularity or fraud, and mere non-compliance with deposit timelines under Order 21 Rules 84 and 85 does not vitiate sale absent prejudice, especially when property was purchased during suit pendency with injunction.

10 Feb 2024

The dispute originated from a civil suit filed by Smt. Gayatri Agrawal against National Ginni Enterprises for specific performance of an L.P.G. gas ag...

Supreme Court

Supreme Court Dismisses Appeal in Specific Performance Suit Upholding High Court's Decision. Dispute Involved Agreement of Sale with Issues of Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963 and Limitation Under Article 54 of Limitation Act, 1963.

10 Jan 2024

The appeal arose from a dispute over a registered Agreement of Sale dated 22.11.1990, where appellants 1, 2, and 3 agreed to sell property to responde...

Supreme Court

Supreme Court Dismisses Appeal in Specific Performance Suit, Upholding High Court's Review Order. The Court held that review jurisdiction is limited to errors apparent on the record and specific performance is not granted when the contract provides an alternative remedy under Section 20 of the Specific Relief Act, 1963.

28 Apr 2023

The dispute arose from a sale agreement for a plot where the respondent paid earnest money, with the execution date tentatively fixed. The respondent ...

Supreme Court

Supreme Court Dismisses Appeal in Specific Performance Case Upholding High Court's Direction for Execution of Sale Deed. The court found the respondent demonstrated readiness and willingness to perform the contract through correspondence and legal notices, justifying specific performance under contract law principles.

18 Apr 2023

The Supreme Court heard two appeals arising from a property dispute involving a sale agreement executed by G. Venugopala Rao in favor of Respondent No...

Supreme Court

Supreme Court Allows Bank's Appeal in SARFAESI Act Case, Restoring Interim Order for Sale of Mortgaged Property. The Court held that the interim order directing steps for sale without final orders was warranted to protect the secured creditor's rights under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, as the respondent had defaulted on credit facilities.

18 Apr 2023

The appeal arose from a dispute between Punjab & Sind Bank (appellant) and M/s Frontline Corporation Ltd. (respondent) concerning the sale of mortgage...

Supreme Court

Supreme Court Allows Defendant's Appeal in Specific Performance Suit Regarding Admissibility of Unregistered Agreement. The Court held that an unregistered agreement to sell, though compulsorily registrable under state amendment, is inadmissible as evidence in a suit for specific performance under Section 49 of the Registration Act, 1908, as it does not serve as evidence of a contract affecting property rights.

10 Apr 2023

The background of the dispute involved a civil suit for specific performance of an agreement to sell dated 10.09.2013, filed by the original plaintiff...

Supreme Court

Supreme Court Allows Landlords' Appeal in Bombay Rent Act Eviction Case Based on Unlawful Transfer of Business. Tenant's Assignment of Hotel Business to Third Party Constitutes Breach Under Section 13(1)(e) of Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947, Violating Lease Prohibition and Statutory Restrictions.

21 Mar 2023

The dispute originated from a civil suit filed by landlords seeking eviction of their tenant from leased premises in Pune used for hotel business. The...

Supreme Court

Supreme Court Dismisses Appeal in Civil Procedure Amendment Case Regarding Mortgage Redemption Suit. The court upheld the lower courts' orders allowing amendment of plaint under Order VI Rule 17 of the Code of Civil Procedure, 1908, holding that issues of limitation and res judicata should be decided at trial, not at the amendment stage.

14 Mar 2023

The dispute originated from a property in Ballia, where the plaintiffs claimed ownership of a shop and filed Suit No. 154 of 2009 for possession upon ...

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