Showing : 1251-1260 of 4369 Results

BOMBAY HIGH COURT
Year of decision: 2013
Details
Agreement to sell -- Specific performance - Ready and willing - Absence of specific words in plaint - It is the substance of pleadings and not the form that must - Requirement of S.16(c) of Specific Relief Act is that by averment made, it should be conveyed to defendant that plaintiff has performed essential terms of..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Agreement to sell -- Specific performance - Agreement to sell by agent - Absence of implied/ostensible or apparent agency - Agreement to sell not binding on owner - No privity of contract between owner and vendee - Held, vendee not entitled to relief of specific performance...........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Specific Relief Act, 1963, Section 38-- Permanent injunction - No injunction can be granted against true owner - Plaintiff failed to prove agreement to sell as there was no privity of contract between plaintiff and owner of property - Plaintiff has no legal right or title over suit property - Since suit property is sold to defendant..........
KERALA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 23, Rule 3-- Compromise decree - There is no rule that a compromise decree should be an executable one or that it could not be one dismissing suit - When there is a compromise between parties, what is required is that Court has to order such agreement, compromise or satisfaction to be recorded and pass a..........
CALCUTTA HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 420-- Cheating and breach of agreement - A civil wrong arising out of a breach of agreement may also gave rise to an offence of cheating when the facts disclose that a party to the agreement was induced to enter into the same and part with property on the basis of false and dishonest representation at..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Transfer of Property Act, 1882, Section 106, Arbitration and Conciliation Act, 1996, Section 8-- Expiry of lease period - Arbitration clause does not survive - Determination of lease on expiry of lease agreement - Suit for possession and damages on account of use & occupation - Subsistence of a lease under a lease deed would only be up to the period specified there in and once the lease deed..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Specific Relief Act, 1963, Section 28-- Specific performance - Decree granted - Appeal filed thereagainst - Non compliance of terms and conditions of judgment - Application u/s 28 of the Act filed for rescission of agreement - Stay of hearing of appeal during pendency of decision of application filed u/s 28 of the Act - It was only the..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Stamp Act, 1899, Article 47A- - Unstamped agreement of sale - Admissibility in evidence - Agreement of sale was followed by delivery of possession of property agreed to be sold and after receiving the balance sale consideration as per its terms - Held, it shall be chargeable as a sale under the said article and cannot be..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Stamp Act, 1899, Article 35-- Collateral purpose - An insufficiently stamped agreement of sale cannot be received in evidence even for collateral purpose unless it is duly stamped...........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 89, Order 7, Rule 10-- Return of paint - Dispute settlement through private forum - Agreement between parties - When said forum is not competent to grant declaration/interim reliefs, parties are not debarred to initiate a civil suit in the competent court for the reliefs including damages for the work done by them -..........

Showing : 1251-1260 of 4369 Results