Showing : 721-730 of 2018 Results

DELHI HIGH COURT
Year of decision: 2013
Details
Agreement to sell -- Specific performance - Ready and willing - Deposit of balance sale consideration in Court - When as per agreement to sell plaintiff is entitled to part with the balance sale consideration only against delivery of title and physical possession of land to him then to order plaintiff to deposit in..........
DELHI HIGH COURT
Year of decision: 2013
Details
Agreement to sell -- Specific performance - Ready and willing - Deposit of balance sale consideration in Court - Order to deposit was to balance the equities arising from restraining defendants from dealing with their property - Even if plaintiff failed to deposit, the only consequence thereof has to be vacation 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...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Specific Relief Act, 1963, Section 28-- Specific performance - Decree granted - Appeal filed thereagainst - Non compliance of terms and conditions of judgment - Application u/s 28 of the Act filed for rescission of agreement - Stay of hearing of appeal during pendency of decision of application filed u/s 28 of the Act - It was only the..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Agreement to sell -- Suit for specific performance - Agreement to sell 12.35 guntas of land - Suit decreed to the extent of 2000 square yards keeping in view the vast increase in prices during the period of interregnum and proportionate to the amount of advance paid - Plaintiff be provided with proper access without..........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Agreement to sell -- Specific performance - Escalation of price would not deter Court to grant relief of specific performance - Where defendant who chooses not to lead evidence in rebuttal cannot be allowed to defeat the suit merely because prices of suit property are rising, moreover when plaintiff is ready and..........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Agreement to sell -- Specific performance - When an obligation enforceable by law is created, the party under obligation cannot be allowed to escape from it on flimsy excuse - There must be proof or proper explanation or justification from defendant to avoid agreement or for the delay that has occurred to execute sale..........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Agreement to sell -- Specific performance - Discretion as to decree specific performance - Ordinary, the relief of specific performance ought to be granted and very rarely such relief is denied - If at all the remedy of specific performance of contract cannot be availed of, than only, the sum of damages may be..........
GUJARAT HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 16-- Temporary injunction - Suit for specific performance - Time essence of contract - From the date of agreement to till the date of suit, plaintiff/purchaser sat quiet without taking any steps to perform his part of contract under the agreement though agreement specified period of four months within..........

Showing : 721-730 of 2018 Results