Search Results for "alternative relief"

42 result(s) found

Scroll Down To Discover

Found 42 result(s)

© Image Copyrights Juris Services & Technology

Supreme Court Upholds Decree for Specific Performance in Agreement to Sell Dispute Involving Agricultural Land. Court Applies Doctrine of Lis Pendens to Transfers Made During Litigation and Affirms Plaintiff's Readiness and Willingness Based on Documentary Evidence.

The appeal arose from a suit for specific performance of an agreement to sell dated 18.07.1988, where the plaintiff agreed to purchase agricultural la...

© Image Copyrights Juris Services & Technology

Bombay High Court Dismisses Appeals in Specific Performance Suit, Upholds Alternative Decree for Damages. Plaintiff's claim for specific performance of flat agreement dismissed due to subsequent sale to bona fide purchaser; alternative decree for damages against original vendor confirmed.

The judgment arises from two appeals against a common decree dated 14.1.2010 passed by the Bombay High Court in Suit No.1642 of 1984. The original pla...

© Image Copyrights Juris Services & Technology

High Court Allows Appeal from Order, Grants Temporary Injunction to Plaintiffs in Specific Performance Suit Over Land Dispute Involving Agreements and MOU

The High Court of Judicature at Bombay allowed an Appeal from Order filed by the Plaintiffs, setting aside the Trial Court's rejection of their applic...

© Image Copyrights Juris Services & Technology

Development and Sale Agreement Constitutes Commercial Dispute Under Commercial Courts Act: Karnataka HC

The petitioner challenged the Trial Court’s rejection of an application under Order VII Rule 11(d) CPC contending that the suit was a commercial...

© Image Copyrights Juris Services & Technology

High Court Dismisses Petitions for Compassionate Appointment in Judgment -- Family Financial Status Under Government Resolution Defeats Claims Despite Death in Harness

The High Court of Gujarat dismissed petitions filed by Tinuben Rameshbhai Chaudhary seeking compassionate appointment after her father's death while i...

© Image Copyrights Juris Services & Technology

High Court of Karnataka Allows Amendment of Plaint in Civil Suit — Due Diligence Test Under Order 6 Rule 17 CPC Not Applicable Before Commencement of Trial. Trial Court Erred in Rejecting Amendment Application on Ground of Lack of Due Diligence When Trial Had Not Commenced.

The petitioners, plaintiffs in a civil suit (O.S. No. 188/2015) pending before the Additional Civil Judge and JMFC, Hungund, filed an application (IA ...

© Image Copyrights Juris Services & Technology

High Court of Karnataka Dismisses Regular Second Appeal in Money Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Appellant failed to establish substantial question of law regarding loan transaction and repayment.

The appellant, Sri M M Deverajgowda, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment an...

© Image Copyrights Juris Services & Technology

Supreme Court Allows Appeal in Specific Performance Suit Due to Buyer's Acceptance of Refund During Pendency. Acceptance of Refund of Earnest Money Indicates Lack of Readiness and Willingness, Making Suit Not Maintainable Under Specific Relief Act, 1963.

The dispute arose from a suit for specific performance of an Agreement to Sell dated 25th January 2008, executed between the buyer (Respondent No.1) a...

© Image Copyrights Juris Services & Technology

Supreme Court Upholds Decree for Specific Performance, Directs Execution of Possession in Favor of Appellants. Collusion Between Vendors and Respondents to Frustrate Decree Cannot Defeat the Fruits of Justice

Specific Performance and Possession – The Supreme Court held that the appellants were entitled to specific performance of the sale agreement and po...