Showing : 1381-1390 of 4599 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Suit for mandatory injunction directing defendant to execute sale deed after receiving Rs.1,45,83,33/- - Held, since this obligation came through an earlier decree, plaintiff's contention that it was not a specific enforcement of an agreement of sale is fallacious - Right which Court was granting..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 23, Rule 3-- Compromise - There has to be strict compliance of the provision of O.23.R.3 CPC - One of the mandatory conditions is that Court should be satisfied that a suit has been adjusted wholly or in part by any lawful agreement or compromise, in writing and signed by the parties - Where no such agreement..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Rent and Eviction -- Ejectment - Agreement of tenancy between parties provided for an adjudication by arbitral process - Plea that lease period has expired and, therefore, agreement cannot be relied on for reference to arbitration - Held, plea liable to be rejected - Arbitral agreement was to resolve any dispute and..........
CALCUTTA HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 420, 120B, Criminal Procedure Code, 1973, Section 482-- Agreement to sell - Offence u/ss 420, 120-B IPC - There is no element of cheating as petitioners had never induced opposite party to deliver property nor opposite party being so induced agreed to sell the property to petitioners - Petitioners had not any mal-intention as they made part payment and..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 420, 406, 467, 471-- Cheating & Criminal breach of trust - Hire purchase agreement - Non payment of instalments - Seizure of vehicle - Accused is trustee of vehicle - FIR lodged to put pressure on petitioner - No criminal intention of theft or criminal breach of trust on the part of petitioner till the subsistence of..........
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..........

Showing : 1381-1390 of 4599 Results