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specific performance
Posted inNews

Madras High Court: Specific performance denied where buyer failed to prove readiness and willingness — “Seller ordered to refund ₹7 lakh advance”

1. Court’s decision The Madras High Court partly allowed an appeal filed by the defendant challenging a trial court decree that had granted specific performance of a sale agreement in…
Posted by Rawlaw March 9, 2026
sale agreement
Posted inNews

Madras High Court: Buyer must prove financial readiness to enforce sale agreement — “Specific performance denied but refund of advance granted”

1. Court’s decision The Madras High Court partly allowed an appeal challenging the dismissal of a suit for specific performance of a sale agreement relating to immovable property. The Court…
Posted by Rawlaw March 8, 2026
builder-buyer clause
Posted inNews

Supreme Court of India: Builder-buyer clauses cannot override Consumer Protection Act— “8% interest for delayed possession upheld; occupancy certificate mandatory before handover”

Court’s decision The Supreme Court of India dismissed three civil appeals filed by a real estate developer challenging orders of the National Consumer Disputes Redressal Commission directing completion of construction,…
Posted by Rawlaw February 23, 2026
high court of kerala
Posted inNews

Kerala High Court: “Buyer Cannot Claim Charge in Absence of Completed Assignment”—Court Sets Aside Attachment Order, Rules No Charge Exists Without Privity or Assignable Right

Court’s Decision The Kerala High Court, through Justice M.A. Abdul Hakhim, allowed a first appeal and set aside the trial court’s order that had granted an attachment before judgment over…
Posted by Rawlaw July 25, 2025

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