Showing : 1441-1450 of 4566 Results

KERALA HIGH COURT
Year of decision: 2013
Details
Contract Act, 1872, Section 73-- Damages - Grant of - Fundamental principle - Held, it is fundamental principle that party who commits breach is liable to compensate and party who suffers breach is entitled to claim damage - Therefore, it is essential that a person who claims damage for breach of a contract should have performed..........
MADRAS HIGH COURT
Year of decision: 2013
Details
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10-- Eviction - Payment of rent - Willful default - Proof - Defaulted period not disputed by petitioner/tenant - Only defence taken by him is that as per sale agreement he can pay rent in lump sum at the time of execution of sale deed and therefore, default was not willful - But there were three more..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Agreement to sell -- Plea of lack of title - This plea is not available to vendor - However, it is open to the purchaser to plead so...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Agreement to sell -- Specific performance - Relief of - Discretionary relief - Plaintiff paid the entire sale consideration and obtained possession of property on the date of agreement - No other obligation to be performed by the plaintiff - No reason to deny relief of specific performance...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Agreement to sell -- Oral - Date of agreement - Plaintiff not sure - It is difficult to discern the existence of the consensus ad idem which is sine qua non for any agreement - Plaintiff, thus miserably failed to prove the very existence of agreement...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Agreement to sell -- Oral - It is not necessary that an agreement of sale must be in writing but where an oral agreement of sale is pleaded in respect of any item of property, heavy burden rests upon plaintiff to prove every facet of the same through cogent and acceptable evidence...........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Will -- Execution - Proof - Registered - Testatrix signed Will before Sub Registrar in presence of two attesting witnesses - One attesting witness examined and proved execution - Sub Registrar read contents of Will and testatrix, educated lady, showed agreement - Testatrix normal, well balanced and..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Court Fees Act, 1870, Section 7(ivA), 7(v)-- Suit for declaration that agreement to sell is void - Court fee - Agreement to sell cannot be treated at par with sale deed - Suit cannot be valued on the value of immovable property - Suit cannot be valued at annual rental value of land - Suit should be valued on the earnest money paid...........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Transfer of Property Act, 1882, Section 5, Evidence Act, 1872, Section 115-- Family settlement - Challenge by coparcener - Family agreement between members of family proved by independent witnesses and also admitted by most of members of family - Plaint assertions not contested or contradicted by defendant coparcener by filing any written statement - They have not adduced..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Plaintiff filed suit for specific performance - Defendant filed suit for declaration alleging agreement to sell as illegal, without consideration, result of fraud and mis-representation - Both the suits consolidated - Suit of plaintiff decreed and that of defendant dismissed -..........

Showing : 1441-1450 of 4566 Results