Search Results for "forfeiture of deposit"

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High Court

High Court of Karnataka Allows Appeal in Specific Performance Suit — Interim Injunction Granted to Protect Possession Pending Trial. Agreement of Sale for Rs.10.75 Crore with Part Payment of Rs.3.25 Crore — Trial Court Erred in Rejecting Injunction Without Considering Prima Facie Case and Balance of Convenience.

23 Nov 2024

The appeal arises from an order dated 01.06.2022 passed by the III Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru, rejecting I.A.N...

High Court

High Court of Karnataka Allows Appeal in Specific Performance Suit — Rejects Trial Court's Dismissal of Temporary Injunction. Agreement of Sale for Rs.10.75 Crore with Rs.5 Crore Advance — Prima Facie Case and Balance of Convenience in Favor of Plaintiff-Appellant.

23 Nov 2024

The appellant, M/s. Sanjeevini Developers and others, filed a miscellaneous first appeal under Order 43 Rule 1(r) of the Code of Civil Procedure, 1908...

Supreme Court

Supreme Court Allows Bank's Appeal in SARFAESI Act Auction Forfeiture Case — Earnest Money Deposit Forfeiture Upheld as Compensation for Breach of Contract. The Court held that forfeiture of earnest money deposit by a secured creditor under the SARFAESI Act is not subject to proof of actual loss and is governed by the terms of the auction contract, not Sections 73 and 74 of the Indian Contract Act, 1872.

10 Aug 2022

The case involves two appeals by a nationalized bank (appellant) against a common judgment of the Madras High Court, which had allowed the writ petiti...

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