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Results of agreement specific performance

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Showing : 1241-1250 of 2492 Results

SUPREME COURT OF INDIA

Year of decision: 2012
Details

Limitation Act, 1963, Section 15(5), Article 54 -- Agreement to sell - Suit for specific performance - Limitation - Period of absence of defendant from India has to be excluded while computing the limitation for filing of the suit...........

SUPREME COURT OF INDIA

Year of decision: 2012
Details

Specific Relief Act, 1963, Section 20 -- Agreement to sell - Specific performance - Relief of - Delay of 40 years - Escalation of prices - Plaintiff in no way responsible for the delay - Suit decreed - Sale deed be executed at the market price prevailing on the date of present order - Prevailing market price be assessed by the trial Court as early as possible...........

ALLAHABAD HIGH COURT

Year of decision: 2012
Details

Agreement to sell -- Specific performance - Subsequent purchaser - Plaintiff filed every document to establish his case whereas the best piece of evidence which could have been produced by the defendant to demolish the claim of plaintiff not brought on record - Subsequent purchaser failed to prove that he is bona fide purchaser for consideration without notice and..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2012
Details

Agreement to sell -- Suit for specific performance - Scribe - Discrepant on some points relating to his register but not relating to the agreement - Held, scribe may not be maintaining the register properly and may be having loose papers bearing thumb impressions but the same would not affect the impugned agreement...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2012
Details

Agreement to sell -- Suit for specific performance - Plea of obtaining thumb impressions on blank papers - Existence of thumb impressions of defendants in the register of the scribe - Negatives the version of defendants that their thumb impressions had been obtained on blank stamp papers...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2012
Details

Agreement to sell -- Suit for specific performance - Plea of taking loan - Plaintiff was stranger to the defendant and was not known to them earlier - Held, in these circumstances plaintiff will not advance loan of Rs.7 lacs to the defendants - Held, in these circumstances the version of defendants that loan was advanced by the plaintiff to the defendants cannot be..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2012
Details

Agreement to sell -- Suit for specific performance - Defendant No.1 who was very material witness to prove version of defendants, did not step into witness box - Held, strong adverse presumption arises against the defendants. (Evidence Act, 1872, S.114)...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2012
Details

Specific Relief Act, 1963, Section 20 -- Specific performance - Agreement for sale - Held, mere fact that land was mortgaged with bank, relief of specific performance could not be denied - Encumbrance attached to land could be removed by defendant before effecting sale and no objection could be obtained from bank or prospective vendee stepping into shoes of mortgagor is..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2012
Details

Specific Relief Act, 1963, Section 20 -- Specific performance - Held, if under terms of contract, plaintiff gets an unfair advantage over defendant, Court may not exercise its discretion in favour of plaintiff - Specific relief may not be granted if defendant would be put to undue hardship which he did not foresee at the time of agreement - If it is inequitable to grant..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2012
Details

Punjab Land Revenue Act, 1887, Section 117 -- Partition proceedings - Abeyance of - Claim of petitioner is based on an agreement to sell - Suit for specific performance is pending where respondent No.3 has been restrained from alienating suit property - Said suit was filed in year 2008 and is yet to be decided - Both parties are recorded as owners of disputed land - Held,..........

Showing : 1241-1250 of 2492 Results