Showing : 1421-1430 of 4599 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Interim injunction - Possession in pursuance of agreement to sell - There was no period of completion of transaction - Plaintiff also relies on a Will and power of attorney - Suit filed after 7 years of agreement - Plaintiff has no prima facie case in his favour as he had not taken a document of..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Agreement to sell -- Specific performance - Time essence of contract - Time specified for payment of sale price but not in regard to execution of sale deed - Time will become essence only with reference to payment of sale price but not in regard to execution of sale deed. (Contract Act, 1872, S.55)..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Agreement to sell -- Specific performance - Time essence of contract - General principle applicable to determine, whether time is essence of contract or not, one has to read entire agreement/contract between the parties to find out whether, therein time is the essence or not, with reference to performance of contract,..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Agreement to sell -- Specific performance - Time essence of contract - Ordinarily, in relation to agreements to sale of immovable properties, time is not considered to be essence of contract unless such an intention can be gathered either from express terms of contract or by necessary implication, if it is or can be..........
MADRAS HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 1, Rule 10(2)-- Impleading a party - Suit for specific performance - Third party cannot be impleaded as a party to the suit, at the behest of defendant, on the ground that defendant entered into an agreement for sale with the third party earlier to the agreement relating to the suit...........
DELHI HIGH COURT
Year of decision: 2013
Details
Agreement to sell -- Execution - Proof - Defendant changing his stand - Plea that agreement is fabricated and forged document - Wholly unsubstantiated - Answers given by defendant vague and not proving his case at all - Perusal of agreement reveals no sign of it having been tampered or interpolated - Signature thereon..........
DELHI HIGH COURT
Year of decision: 2013
Details
Agreement to sell -- Specific performance - Plaintiff ready and willing to perform his part of the contract - Plaintiff had arranged for sufficient funds to pay the seller - Decree of specific performance granted...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Specific Relief Act, 1963, Section 19(b), Transfer of Property Act, 1882, Section 52-- Subsequent bonafide purchaser - Sale deed not executed by purchaser within stipulated period - Vendor terminated sale agreement - Property sold to one `A' - Held, subsequent purchaser is a bonafide purchaser...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Specific Relief Act, 1963, Section 16(1)(c)-- Agreement of sale - Specific performance - Plaintiff did not get agreement of sale executed by paying remaining consideration amount to defendant Nos.1-4 within stipulated period of 7 months as agreed upon by him under clause 6 of agreement - Suit for specific performance was filed nearly 11..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Agreement to sell -- Specific performance - Clean hands - To seek relief of specific performance plaintiff must come to Court with clean hands - When plaintiff does not come with clean hands or where he is guilty of fraud or some other practice he may ordinarily get no relief by way of specific performance...........

Showing : 1421-1430 of 4599 Results