Showing : 1-10 of 27 Results

DELHI HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Readiness and willingness - Financial capacity - Not a single document whatsoever was filed by plaintiff to prove his financial capacity - By self serving averments, financial capacity cannot be held to be proved - Existence of immovable property in itself is not enough to..........
DELHI HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Breach of contract - Damages - Once monetary relief has to be granted, then damages have to be proved as required by law towards specific amount and this could have been done by means of filing sale deeds with respect to any similarly situated properties as around date fixed for specific..........
KARNATAKA HIGH COURT
Year of decision: 2017
Details
Agreement to sell-- Specific performance - Subsequent purchaser - Bona fide purchaser - Suit property sold to defendant no.3 during pendency of suit - Interim injunction granted against defendant/seller restraining alienation of property - Sale in favour of third defendant was thus, in breach of order of injunction -..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Limitation Act, 1963, Article 55-- Limitation - Hire purchase agreement - Breach in payment of instalments - Suit for recovery - Limitation starts to run when default in payment of instalments was committed as terms of agreement clearly indicate that on committing breach of terms and conditions of the agreement rights shall accrue..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Limitation Act, 1963, Article 55-- Limitation - Hire purchase agreement - Breach in payment of instalments - Suit for recovery - Limitation starts to run when default in payment of instalments was committed as terms of agreement clearly indicate that on committing breach of terms and conditions of the agreement rights shall accrue..........
DELHI HIGH COURT
Year of decision: 2016
Details
Agreement to sell-- Qua ground floor of suit property - Specific performance - Breach of contract - Plaintiff is guilty of breach of contract by not only failing to tender balance sale consideration, in fact defendants sent their legal notice requesting for balance payment which was not complied by plaintiff - Once..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Agreement to sell -- Breach of agreement - Remedy - Where there is breach of agreement before stipulated date for execution and registration of sale deed, vendor entitled to invoke jurisdiction of civil Court by seeking injunction - However, after expiry of stipulated date or breach vendor can seek specific..........
KERALA HIGH COURT
Year of decision: 2015
Details
Agreement to sell -- Specific performance - Ready and willing - Plaintiff did not have money required for payment of balance sale consideration and also the capacity to arrange payment of such amount - It has to be concluded that he was not ready and willing to perform his obligations - In such circumstances even if..........
KERALA HIGH COURT
Year of decision: 2013
Details
Specific Relief Act, 1963, Section 22-- Refund of earnest money - Agreement for sale of immovable property - Deficiency in extent of property found when buyer conducted survey of property on being suspicious of artificial clause in agreement regarding buyer's/plaintiff satisfaction with extent of property - Parties agreed to execute new..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482-- Agreement to sell - Failure to execute sale deed - For that civil remedy is available - There was no dishonest intention from the very beginning to cheat the complainant or to commit an offence of criminal breach of trust - FIR quashed...........

Showing : 1-10 of 27 Results