Showing : 1-10 of 61 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell -- Specific performance - Readiness and willingness - Self serving statement of income - Cannot be relied upon in absence of proof of financial resources to return a finding that plaintiff was ready and willing to perform her part of the contract...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party - Suit for specific performance - Necessary parties are those persons in whose absence no decree can be passed - Proper parties are those persons whose presence before the Court would be necessary in order to enable the Court to decide and adjudicate the lis in an effective..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Agreement to sell-- Specific performance - Absence of stipulation of enforcement of agreement through Court of Law - Enforcement of agreement through Court is not dependent on contract between the parties providing for a stipulation that in case one of the party does not perform or honour the agreement to sell,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Execution - In absence of original agreement to sell, merely on oral evidence of witnesses, execution of agreement to sell and payment of earnest money cannot be said to have been proved particularly when defendants took the plea that agreement to sell is forged and fabricated...........
GUJARAT HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 37, 38-- Suit for injunction - Entire suit based on an agreement to sell - No prayer for grant of specific performance - In the absence of main relief, i.e. specific performance of contract, no ancillary relief in the form of an injunction can be granted...........
DELHI HIGH COURT
Year of decision: 2017
Details
Hindu Minority and Guardianship Act, 1956, Section 8-- Minor - Agreement to sell by guardian - Natural guardian can enter into agreement to sell for benefit of minor, but such agreement to sell is not enforceable at instance of purchaser in absence of necessary permission granted by Court u/s 8 of the Act...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 2-- Absence of pleadings - Bona fide purchasers - Suit for specific performance - Defendant Nos. 2 and 3 neither pleaded that they are bona fide purchasers nor they have led any evidence in this regard - Since there was no pleadings, therefore, no issue was framed by trial Court on this aspect -..........
KERALA HIGH COURT
Year of decision: 2016
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration that sale deed in question was bereft of consideration and vitiated by coercion - Absence of pleading and proof to establish intention of plaintiff to sell - However, defendant stated that sale deed in question is a continuation of agreement to which plaintiff was a party and..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Specific Relief Act, 1963, Section 28-- Rescission of contract - Non-payment of balance sale consideration within prescribed period - Time for deposit of balance amount is already extended - Pursuant to such extension amount already deposited - Suit of plaintiff was decreed and defendants were directed to execute and register the sale..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Specific Relief Act, 1963, Section 20-- Agreement to sell - Specific performance - Maintainability - Before execution of sale deed purchaser selling land to plaintiffs - In the absence of assignment clause, plaintiffs not entitled to file suit for specific performance...........

Showing : 1-10 of 61 Results