Showing : 61-70 of 1073 Results

MADRAS HIGH COURT
Year of decision: 2018
Details
Agreement to sell -- Specific performance - Plaintiff failed to prove passing off consideration under sale agreement, he is thus, not entitled to equitable relief of specific performance...........
CALCUTTA HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Readiness and willingness - There is clear demand by plaintiff for specific performance of agreement for sale and suit was preceded by a notice of such demand - Plaintiff in plaint categorically stated that she is ready and willing to perform her part of obligation under..........
CALCUTTA HIGH COURT
Year of decision: 2018
Details
Indian Contract Act, 1872, Section 29-- Agreement to sell - Description of property - No difference in description of suit property with that of description of property mentioned in sale agreement excepting schedule of plaint - Description of property in agreement thus, not vague and uncertain rendering agreement void u/s 29 of the Act..........
CALCUTTA HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Plaintiff alleges that written agreement is outcome of oral agreement - However, there is no reference of oral agreement in written agreement - Plaintiff not placed any material before Court to discharge her burden to prove agreement is culmination of prior oral agreement..........
CALCUTTA HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Validity - Competency of party to enter into contract - Plaintiff contended that defendant No.1 father of defendant Nos.2 and 3/daughters entered into contract with him on behalf of his daughters - However, there is no such material and/or document which remotely suggests grant of authority by..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Plaintiff sent legal notice after four days of date for execution and registration of sale deed - Issuance of legal notice does not lead to conclusion that plaintiff was always ready and willing to perform his part of contract from the date of agreement to sell till date of..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Decree of specific performance - Review - Plea for review of decree on account of appreciation of value of suit property by passage of time - Plaintiff paid not only the entire sale consideration but also the registration expenses - No case is made out that sale deed could not be executed because..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Relief of - Discretion of Court - Relief of specific performance of agreement of sale is discretionary - However, this discretion should not be exercised arbitrarily but on sound principles of law - Unless, there are compelling circumstances, relief should not be refused...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 19(b), Transfer of Property Act, 1882, Section 52-- Subsequent purchasers - Bona fides - (a) `K' attesting witness of sale deed in favour of subsequent purchasers is also attesting witness of agreement to sell in favour of plaintiff; (b) No payment has been made before Sub Registrar; (c) Subsequent purchasers have not appeared in the witness box..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Cancellation of subsequent sale deed - Once plaintiff is not entitled to relief of specific performance of agreement to sell, he has no locus standi to challenge sale deed in favour of subsequent purchasers - Order of setting aside sale deed set aside...........

Showing : 61-70 of 1073 Results