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Results of agreement specific performance

Showing : 581-590 of 2088 Results

BOMBAY HIGH COURT

Year of decision: 2015
Details

Agreement to sell -- Specific performance - Can be granted only on satisfaction of conditions laid down in S.16(c) Specific Relief Act - Opportunity for satisfying conditions of S.16(c) of Specific Relief Act will be available when plaintiff is able to prove that suit is filed within limitation. (Specific Relief Act, 1963, Ss.16(c), 10, Limitation Act, 1963, Art.54)..........

BOMBAY HIGH COURT

Year of decision: 2015
Details

Agreement to sell -- Specific performance - Ready and willing - No specific pleading in plaint - No date, year mentioned about steps taken by plaintiff - Suit filed after about 15years of date of contract - Such conduct of plaintiff needs to be considered while using discretion - Plaintiff, held, not entitled to discretionary relief of specific performance - Suit rightly..........

ALLAHABAD HIGH COURT

Year of decision: 2015
Details

Registration Act, 1908, Section 49 -- Unregistered sale deed - Suit for injunction and specific performance cannot be decreed as no title passes in favour of vendee in absence of registration of sale deed/agreement to sale...........

SUPREME COURT OF INDIA

Year of decision: 2015
Details

Specific Relief Act, 1963, Section 12 -- Part performance - Agreement to sell - Part performance - Joint family property - Where vendor father had only 1/3 share in joint family property but he agreed to sell the property in its entirety, property contracted to be sold would not bind the sons being co-owners - Since property being divisible, a decree of specific..........

DELHI HIGH COURT

Year of decision: 2015
Details

Agreement to sell -- Specific performance - Sale consideration - Payment of around 70% of total sale consideration - Court will ordinarily grant specific performance unless there are grave reasons and circumstances to decline specific performance...........

DELHI HIGH COURT

Year of decision: 2015
Details

Agreement to sell -- Specific performance - Payment of nominal portion of sale consideration i.e. 10% or 20% or some such other near percentage, then Courts depending upon facts of a case, are disinclined to grant specific performance because substantial acts i.e. substantial payments have not been made - On the contrary when substantial payments have been made by a..........

DELHI HIGH COURT

Year of decision: 2015
Details

Agreement to sell -- Specific performance - If a proposed buyer has done various acts in furtherance of the agreement to sell, and which various acts would include payments of substantial amount of money different instalments, this is one of the factors which the Court will favourably consider for grant of specific performance...........

DELHI HIGH COURT

Year of decision: 2015
Details

Agreement to sell -- Specific performance - Readiness and willingness - Balance sale consideration - Financial capacity - Purchasing of stamp papers by proposed buyers for completing sale transaction is one of the important aspect to hold that proposed buyers had financial capacity to make the payment of balance sale consideration...........

DELHI HIGH COURT

Year of decision: 2015
Details

Agreement to sell -- Specific performance - Readiness and willingness - Payment of balance sale consideration - Capability - Since 70% of total sale consideration already stood paid and reasonable evidence has been led to show payment of balance sale consideration, therefore proposed buyers/plaintiffs have established their readiness and willingness and financial capacity..........

DELHI HIGH COURT

Year of decision: 2015
Details

Agreement to sell -- Specific performance - Issue of possession - Once it is held and decided by Court that plaintiffs/proposed buyers are entitled to relief of specific performance which means that possession would have to be of proposed buyers and consequently, issue with respect to illegal and forcible possession by proposed buyers really becomes immaterial...........

Showing : 581-590 of 2088 Results