Search Results for "specific performance"

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Supreme Court Quashes Karnataka High Court Order on Delay Condonation and Leave to Appeal. Transferee Pendente Lite Cannot Challenge Decree Without Leave – Delay of 586 Days Not Justified.

Constitution of India, 1950 – Code of Civil Procedure, 1908 – Transfer of Property Act, 1882 Article 136 – Appellate Jurisdiction of Supreme ...

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"Timely Compliance in Specific Performance: Supreme Court Reiterates Limits and Discretion" "Clarifying the interplay of judicial discretion and statutory provisions under Section 28 of the Specific Relief Act, 1963."

The Supreme Court upheld the decision of the High Court, dismissing revision petitions that sought rescission of contracts for alleged non-compliance ...

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"Supreme Court Upholds Restoration of Suit for Specific Performance Despite Initial Procedural Dismissal: Cause of Action Distinction Under Order II Rule 2 CPC Clarified" "Procedural bars must yield to substantive justice when causes of action in separate suits are distinct."

1. Delay Condonation and Leave Granted The Supreme Court condoned the delay in filing the Special Leave Petitions (SLPs) and granted leave to appea...

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Supreme Court Allows Appeal Against Condonation of 1116-Day Delay in Filing Appeal Against Ex-Parte Decree. Emphasizes Need for Sufficient Explanation for Inordinate Delay and Application of Res Judicata.

The present appeal arises from an order of the Madurai Bench of Madras High Court condoning a delay of 1116 days in filing an appeal against an ex-par...

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"Bombay High Court Dismisses Chamber Summons Filed to Introduce Additional Evidence in Appeal Related to Specific Performance" "Court emphasizes the discretionary nature of Order 41 Rule 27 CPC and deters misuse aimed at prolonging litigation."

The Bombay High Court dismissed a Chamber Summons filed under Order 41 Rule 27(1)(aa) of the CPC by the Appellants seeking to produce additional evide...

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"High Court of Bombay: Commercial Arbitration Appeal" "Exploring the scope of judicial review under Section 34 and 37 of the Arbitration and Conciliation Act, 1996, addressing readiness, willingness, and compensation issues in a shareholder dispute."

Arbitration Scope: The Court clarified the restrictive jurisdiction under Section 34 and 37 of the Arbitration and Conciliation Act, emphasizing minim...

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Possession Relief in Specific Performance Decree: Supreme Court Clarifies Law. Even without an express relief for possession in a specific performance decree, the court can enforce possession rights under the Specific Relief Act and Transfer of Property Act.

The Supreme Court upheld the High Court’s order that directed the executing court to hand over possession to the decree-holder, even though the decr...

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Dispute Over Flats Ownership and Specific Performance. High Court Resolves Complex Real Estate Ownership and Contractual Dispute.

1. Background Disputes arose regarding ownership and specific performance of agreements for Flats Nos. 901, 902, 1001, and 1002 in Mangal Kunj, "B"...

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Supreme Court Sets Aside Specific Performance in a Property Dispute. Equitable relief denied due to buyer's conduct and financial incapacity.

The Supreme Court of India,  overturned the High Court's decree for specific performance. The Court restored the Trial Court's decision dismissing t...