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Results of damages specific performance

Showing : 1-10 of 96 Results

KERALA HIGH COURT

Year of decision: 2019
Details

Agreement to sell -- Specific performance - In case there is stipulation in the agreement as to payment of damages in case of breach of agreement but there is no negative stipulation in the agreement that in that event specific performance cannot be sought then plaintiff is entitled to seek specific performance...........

KERALA HIGH COURT

Year of decision: 2019
Details

Agreement to sell -- Specific performance - Stipulation in agreement as to recovery of damages in case of breach of agreement by defendant but conspicuous absence of a clause enabling specific performance of the agreement - It is a factor to be taken into consideration while exercising discretion u/s 20 of Specific Relief Act...........

KERALA HIGH COURT

Year of decision: 2019
Details

Agreement to sell -- Specific performance - Stipulation in agreement as to recovery of damages in case of breach of agreement by defendant but conspicuous absence of a clause enabling specific performance of the agreement - Discretion exercised against grant of decree for specific performance...........

DELHI HIGH COURT

Year of decision: 2019
Details

Agreement to sell -- Specific performance - Claim of Damages - Damages have to be specifically proved - Damages in such cases are proved by showing increase in value of property whereby plaintiff is prejudiced in having to purchase similar property at a higher price on account of breach of contract by defendant - Once no evidence is led to prove damages, same cannot be..........

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 performance. (Contract Act, 1872, S.73)..........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Specific Relief Act, 1963, Section 14(3)(c)(ii) -- Development agreement - Specific performance - Case of developer/plaintiff is that he incurred an expenditure towards clearing outstanding dues, security deposit and development, incidental and miscellaneous expenses - Alleged losses/damages incurred by plaintiff can be quantified - Plaintiff can be provided recompense for..........

DELHI HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Earlier suit for specific performance and damages of double the advance price paid was dismissed - Subsequent suit for recovery of advance paid - Cause of action in subsequent suit for refund of advance amount accrued in favour of plaintiff only when earlier suit for specific performance and damages..........

ALLAHABAD HIGH COURT

Year of decision: 2018
Details

Specific Relief Act, 1963, Section 14(1) -- Specific performance - Contract for non performance of which damages is an adequate relief, which in its nature is determinable, decree for specific performance cannot be passed...........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Indian Contract Act, 1872, Section 73 -- Contract - Breach of contract - In common law, claim for damages is rule and specific performance is an exception - While in civil law, specific performance has traditionally been a prime remedy for breach of contract...........

DELHI HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought for enhancement of damages in relief clause - Suit for specific performance or damages - Application filed at the stage when suit was fixed for final arguments - An amendment application seeking reliefs which are not permissible in law cannot be allowed as amendments - Application..........

Showing : 1-10 of 96 Results