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Supreme Court Allows Appeal in Specific Performance Suit, Restores Trial Court's Decree for Money Recovery Instead of Specific Performance. The High Court erred in granting specific performance as the transaction was found to be a loan with collateral security under the Specific Relief Act, 1963.

The Supreme Court allowed the appeal by the subsequent purchasers (appellants) against the High Court's decree granting specific performance of an agr...

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Supreme Court Dismisses Appeals in Specific Performance Suits — Concurrent Findings of Fact Not Disturbed. Agreements of Sale Dated 16.07.1980 Were Not Genuine and Were Created to Defeat Prior Agreement of 27.03.1979.

The case involves two civil appeals arising from a judgment of the Madras High Court which reversed the trial court's decree for specific performance ...

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Supreme Court Allows Appeal in Execution Proceedings — Possessory Title Not Required for Restoration Under Order XXI Rules 98-100 CPC. High Court erred in ordering restoration of possession without determining whether respondent had any right to possession under Order XXI Rules 98-100 CPC.

The Supreme Court considered an appeal against the judgment of the Calcutta High Court which had allowed the appeal of the respondent (Lt. Col. Nahar ...

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Supreme Court Upholds Pre-emptive Purchase Order Under Income Tax Act for Undervalued Property. Appropriate Authority's Valuation Based on Comparable Sales Upheld as Reasonable.

The Supreme Court dismissed appeals by prospective buyers (Krishna Kumar Rawat & Ors.) and partly allowed the appeal by the Union of India against a H...

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Supreme Court Allows Appeal in Consumer Dispute Over Flat Booking - Reduction of Booking Amount to 15% Upheld as Valid Novation. Developer's Failure to Execute Agreement and Cancellation of Allotment Amounts to Deficiency of Service Under Consumer Protection Act, 1986.

The dispute arose from a residential apartment booked by the appellants, Suman Jindal and another, with the respondent developer, M/s. Adarsh Develope...

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Supreme Court Dismisses Specific Performance Claim but Orders Refund of Earnest Money with Interest in Property Sale Dispute. Plaintiff failed to prove readiness and willingness and additional payment of Rs. 6,75,000; only earnest money of Rs. 26,000 refundable with interest.

The dispute arose from an agreement of sale dated 21.07.2006 between the Plaintiff (Dr. Manohar Ganapathi Ravankar) and the Defendant (H. Gurunanda Ra...

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Supreme Court Allows Appeal, Restores Magistrate's Cognizance Order in Complaint Case Under Sections 323, 379 IPC. High Court Erred in Quashing Complaint Based on Civil Dispute and Appreciating Evidence Under Section 482 CrPC.

The appellant, Md. Allauddin Khan, filed a complaint against respondent Nos. 2 and 3 alleging offences under Sections 323, 379 read with Section 34 of...