Showing : 1761-1770 of 4566 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Suit for specific performance - Additional evidence - No explanation why certified copy of alleged agreement was not produced by plaintiff at appropriate stage of his evidence - Said agreement was well within knowledge of present plaintiff while plaintiff was leading his evidence - Held, only..........
RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 39, Rule 1,2-- Temporary injunction - Possession alleged to be delivered in pursuance of agreement to sell - Plaintiff alleged to have inserted her name in agreement to sell entered by defendant with another person - Held, plaintiff is not entitled to injunction in absence of any evidence for claiming..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 9-- Confer of jurisdiction by agreement - Not permissible - Held, parties can enter into an agreement for enforcement of legal rights and subjecting themselves to obligations but cannot agree to confer jurisdiction by agreement on a Forum or a Tribunal - Parties cannot agree to confer jurisdiction on..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
State Financial Corporation Act, 1957, Section 29, 31, 32G- - Liability of guarantor - Exercise of power u/s.29 of the Act - Held, parties by an agreement cannot confer jurisdiction on Corporation to proceed against guarantor u/s.29 of the Act as jurisdiction u/s.29 can be exercised only against industrial concern - Corporation has a right to proceed..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Arbitration and Conciliation Act, 1996, Section 11-- Appointment of arbitration - Independent arbitrator - Power of Chief Justice/Designate - Held, it is true that in normal circumstances while exercising jurisdiction u/s 11(6), Court would adhere to terms of agreement as closely as possible - But if circumstances warrant, Chief Justice or nominee..........
KERALA HIGH COURT
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 420-- Failure to execute sale deed in pursuance of agreement to sell and obtaining advance sale consideration - Does not constitute offence u/s 420 IPC...........
MADRAS HIGH COURT
Year of decision: 2012
Details
Specific Relief Act, 1963, Section 15, 20, Indian Contract Act, 1872, Section 2(g)-- Agreement to sell - Specific performance - Plaintiff did not sign agreement of sale - Held, such agreement cannot be construed as valid agreement which could be enforced in accordance with law - Since plaintiff is not at all a party to contract, she has mis-represented before Court as if she is a..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Agreement to sell -- Specific performance - Plea that 18 years expired since the execution of agreement and prices increased manifold and comparative hardship to the parties be looked into and that it is not such a case in which discretionary relief for specific performance should be granted - Held, it were defendants..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Agreement to sell -- Specific performance - Ready and willing - There cannot be any straight jacket formula for deciding in a particular case as to whether plaintiff was ready and willing to perform his part of the contract - The same has to be determined from entirety of the facts and circumstances, relevant to the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Agreement to sell -- Specific performance - Ready and willing - It was not necessary that entire amount of consideration should be kept ready by plaintiff to show that he was ready and willing to perform his part of the contract and he is not required to show proof in respect thereof. (2009(1) Apex Court Judgments 739..........

Showing : 1761-1770 of 4566 Results