Showing : 21-30 of 1426 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell -- Specific performance - Readiness and willingness - Financial capacity - Mere fact that bank has assessed financial capacity of plaintiff while granting loan earlier in respect of another property is not sufficient to discharge of proof of financial capacity in facts of the case to hold that..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell -- Suit for specific performance - Financial capacity - Law is certainly not that the purchaser in a suit for specific relief must prove that he was having cash with him from the date of the agreement till the relevant date - What is important is that he had the capacity to allow the deal to go..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell -- Suit for specific performance - Financial capacity - Non-availability of bills relating to gold jewellery to prove ownership - Not fatal in the present case as no serious dispute raised about the family member not making available the gold ornaments or that it was not available to them - Therefore..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell -- Specific performance - Possession delivered as vendee agreed to pay rent at customary rate - Held, this is a reciprocal promise and was an essential part of the agreement to sell...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell -- Specific performance - Possession delivered as vendee agreed to pay rent at customary rate - Vendee did not pay rent for 13 long years - Vendee did not act in a proper manner - Equity is totally against him - Vendee is not entitled to claim discretionary relief of specific performance of agreement..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Agreement to sell -- Specific performance - Suit filed after 2-1/2 years from the target date - Not a ground to deny specific performance merely on this ground, in the absence of evidence that plaintiff was unwilling to seek specific performance for such a period of 2-1/2 years...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Registration Act, 1908, Section 17(1)(b)-- Agreement to sell - An agreement for sale by itself does not create any interest or charge in a property agreed to be sold and it is for this purpose that agreement for sale is not treated as a conveyance for the purpose of Registration Act and therefore, not compulsorily registered u/s 17(1)(b)..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Hindu Law -- Coparcenary property - Alienation by father - Suit property had lost its status of coparcenary property in 1985, when mutation in respect of property in question was attested in favour of wife and son of grandfather of plaintiff - Said mutation remained as it was, without there being any challenge..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell -- Suit for specific performance - Readiness and willingness - Temporary arrangement made to have certain funds in the account on relevant date alone cannot be considered as financial source being available to complete transaction when in addition to the said amount, further sum was required...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell -- Nature of agreement - Loan transaction or agreement to sell - Sale consideration in odd figures - It initself is of such oddity that any finding on that basis could only meet with disapproval...........

Showing : 21-30 of 1426 Results