Showing : 1581-1590 of 4466 Results

BOMBAY HIGH COURT
Year of decision: 2012
Details
Specific Relief Act, 1963, Section 10-- Collateral security - Enforcement of - Held, even if the agreement was executed merely as collateral security for the loan, the loan would have to be repaid - Only if the loan is repaid can the agreement be cancelled - If the loan is not repaid the agreement would have to be enforced - If the..........
GUJARAT HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 378-- Appeal against acquittal - Held, it is settled legal position that in an acquittal appeal, Appellate Court is not required to re-write judgment or to give fresh reasoning when Appellate Court is in agreement with reasons assigned by trial Court acquitting accused...........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Specific Relief Act, 1963, Section 16(c)-- Specific performance - Readiness and willingness - Pleadings as to - Plaint averments are to the effect that plaintiff has performed his part under the contract by making a tender of Rs.6,000/- to defendant for re-conveyance of the property, which he refused to perform and has thereby committed..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2012
Details
Agreement to sell-- Suit for specific performance - Proof of execution of agreement to sell - Defendant, in his own hand had written on the agreement to sell regarding payment of earnest money - Regarding plea of fraud there is no documentary or oral evidence to substantiate such Plea - Agreement to sell, held, duly..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2012
Details
Agreement to sell-- Specific performance - Ready and willing - Earnest money of Rs.1.10 lacs paid out of sale consideration of Rs.2.25 lacs paid - Plaintiff was present in the office of Sub Registrar on the stipulated date - Held, plaintiff is ready and willing to perform his part of the contract...........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2012
Details
Limitation Act, 1963, Section 54, Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Section , Order 6, Rule 17-- Agreement to sell - Suit for permanent injunction filed when cause of action to file suit for specific performance had not accrued and the same converted to suit for specific performance during pendency of suit - Application for amendment filed within period of limitation for filing suit of..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2012
Details
Agreement to sell-- Specific performance - Coparcenary and ancestral property - Decree granted by competent Court is always open to challenge at the hands of other coparceners but defendant is estopped by his own act and conduct to even raise such a plea - Relief of specific performance cannot be denied on this..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Agreement to sell-- Specific performance - Decree silent as to relief of possession - Executing Court can order delivery of possession as delivery of possession is incidental to the execution of the conveyance in favour of the decree holder...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
East Punjab Urban Rent Restriction Act, 1949, Section 13-- Eviction - Non-payment of rent - Contention that since landlord has entered into agreement to sell demised property, thus, tenants are not entitled to pay rent - Receipt stated to be agreement to sell does not stipulate that since date of receipt, landlord would not be entitled to receive rent -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Arbitration and Conciliation Act, 1996, Section 7(3)-- Criminal proceedings - Arbitration agreement - Permissibility of - Held, even in a situation where there are express provisions allowing the Court to resort to arbitration under the Civil Procedure Code, the Supreme Court held that the provisions of Arbitration Act, cannot be in any way diluted..........

Showing : 1581-1590 of 4466 Results