Showing : 1261-1270 of 4369 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Agreement to sell -- Suit for specific performance - Agreement to sell 12.35 guntas of land - Suit decreed to the extent of 2000 square yards keeping in view the vast increase in prices during the period of interregnum and proportionate to the amount of advance paid - Plaintiff be provided with proper access without..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Evidence Act, 1872, Section 63, 65-- Photostat copy - Secondary evidence - Application for - Rejection - Validity - Photostat copy of alleged agreement sought to be produced by petitioner as secondary evidence - Trial Court dismissed application without affording proper opportunity to petitioner to lay foundation for leading..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Rent and Eviction -- Payment of enhanced rent - Prior to expiry of lease plaintiff had given notice for continuance of tenancy at the enhanced rate claimed therein - Documents reflecting a clear understanding between the parties that tenancy agreement would continue at an enhanced rent - Claim for enhanced rent and..........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Agreement to sell -- Specific performance - When an obligation enforceable by law is created, the party under obligation cannot be allowed to escape from it on flimsy excuse - There must be proof or proper explanation or justification from defendant to avoid agreement or for the delay that has occurred to execute sale..........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Agreement to sell -- Specific performance - Discretion as to decree specific performance - Ordinary, the relief of specific performance ought to be granted and very rarely such relief is denied - If at all the remedy of specific performance of contract cannot be availed of, than only, the sum of damages may be..........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Agreement to sell -- Specific performance - Escalation of price would not deter Court to grant relief of specific performance - Where defendant who chooses not to lead evidence in rebuttal cannot be allowed to defeat the suit merely because prices of suit property are rising, moreover when plaintiff is ready and..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Variation of properties in the agreement of sale and the suit schedule - Same cannot be decided while deciding application U.O.7.R.11 CPC...........
DELHI HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 14, Rule 2-- Preliminary issue - House tax whether forms part of rent - There is no provision in the TP Act much less in the Delhi Rent Act that House Tax forms part of rent - There is also no admission in the rent agreement that defendant is liable to pay house tax by treating the same as part of rent -..........
GUJARAT HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 16-- Temporary injunction - Suit for specific performance - Time essence of contract - From the date of agreement to till the date of suit, plaintiff/purchaser sat quiet without taking any steps to perform his part of contract under the agreement though agreement specified period of four months within..........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Agreement to sell -- Specific performance - More payment and/or increase in the market rate and/or value cannot be the consideration and/or foundation not to grant the relief of specific performance...........

Showing : 1261-1270 of 4369 Results