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april 2009

Supreme Court of India · 2009-04-06

KISHORSINH RATANSINH JADEJA vs MARUTI CORP..

Citation / case number
SC 2008/13988
Court
Supreme Court of India
Petitioner
KISHORSINH RATANSINH JADEJA
Respondent
MARUTI CORP..
Author
ALTAMAS KABIR

Judgment text excerpt

The Supreme Court addressed the dispute over an agricultural land agreement under the Urban Land (Ceiling & Regulation) Act, 1976, specifically Section 20, which was not fulfilled due to the rejection of the society's application for exemption. The Court held that the failure to obtain necessary permissions rendered the agreement unenforceable, leading to its cancellation by the appellant. The Court upheld the lower court's decision to reject the specific performance claim while allowing for the refund of earnest money, affirming the principle that agreements contingent on statutory approvals cannot be enforced if such approvals are denied.

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