Showing : 1-6 of 6 Results

SUPREME COURT OF INDIA
Year of decision: 2010
Details
Specific Relief Act, 1963, Section 16(c)-- Suit for specific performance - Ready and willing - To succeed in a suit for specific performance, plaintiff has to prove: (a) that a valid agreement of sale was entered by the defendant in his favour and the terms thereof; (b) that the defendant committed breach of the contract; and (c) that he..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Specific Relief Act, 1963, Section 16(c), Civil Procedure Code, 1908, Order 3, Rule 1, 2-- Suit for specific performance - Ready and willing - Proof - Can only be proved by plaintiff himself when he enters into the witness box - This fact cannot be proved by an attorney which did not have personal knowledge either of the transaction or of his readiness and willingness - Readiness and..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 3, Rule 1, 2-- Attorney - Evidence as regards personal knowledge - (a) An attorney holder who has signed the plaint and instituted the suit, but has no personal knowledge of the transaction can only give formal evidence about the validity of the power of attorney and the filing of the suit; (b) If the attorney..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Specific Relief Act, 1963, Section 10-- Specific performance - It is not necessary that the contract should contain a specific provision that in the event of breach, the aggrieved party will be entitled to specific performance - Act makes it clear that if the legal requirements for seeking specific enforcement of a contract are made..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Specific Relief Act, 1963, Section 23-- Suit for specific performance - Where the agreement of sale contains only a provision for payment of damages or liquidated damages in case of breach and does not contain any provision for specific performance, the party in breach cannot contend that in view of specific provision for payment of..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Specific Relief Act, 1963, Section 23-- Suit for specific performance - Material on record showed that plaintiff committed breach - Thus in view of stipulation in the agreement earnest money stood forfeited - Plaintiff not entitled for the refund of earnest money...........

Showing : 1-6 of 6 Results