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Results of damages specific performance

Showing : 71-80 of 96 Results

PUNJAB AND HARYANA HIGH COURT

Year of decision: 1998
Details

Agreement to sell -- Suit for specific performance - Alternative prayer for liquidated damages/compensation - An alternative prayer by a plaintiff in a suit cannot be construed as a waiver or abandonment of the main relief - Alternative prayer is a relief which is claimed only if the party is found to be not entitled to the main relief...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 1998
Details

Agreement to sell -- Suit for specific performance - Alternative prayer for liquidated damages/compensation - No fault can be attributed to the plaintiff - Plaintiff was always ready and willing to perform his part of the contract and had gone to the Court complex with money on the appointed days - No averments of fraud pleaded - No allegation that plaintiff had breached..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1998
Details

Specific Relief Act, 1963, Section 20 -- Alternative relief of damages - Cannot be construed as a waiver or abandonment of main relief of specific performance - A lawful agreement being proved and judicial conscience of Court being satisfied - Equity demands enforcement of agreement rather than granting alternative relief of damages...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1998
Details

Specific Relief Act, 1963, Section 21 -- Where a valid and binding contract in existence between the parties - Defendant required to fulfil his part of contract - Unless there is fault on the part of the plaintiff - Specific performance of agreement cannot be denied to plaintiff on the ground of payment of damages to him...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1998
Details

Specific Relief Act, 1963, Section 20 -- Alternative relief of damages - Plea that as plaintiff himself claimed alternative relief of damages Court instead of ordering specific performance of agreement should order for damages - Not tenable as plaintiff lost no time in approaching Court, duly proved execution of agreement of sale and payment of earnest money whereas vendor..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 1998
Details

Agreement to sell -- Suit for specific performance - A lawful agreement being proved and judicial conscience of the court being satisfied the equity would demand enforcement of an agreement rather than granting an alternative relief of damages to the plaintiff...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1998
Details

Specific Relief Act, 1963, Section 20 -- Alternative relief of damages - A lawful agreement being proved and judicial conscience of Court being satisfied - Equity demands enforcement of agreement rather than granting alternative relief of damages - Time taken by Courts in deciding suit or appeals - Cannot be permitted to work to the disadvantage of party to lis -..........

ANDHRA PRADESH HIGH COURT

Year of decision: 1998
Details

Agreement to sell -- Suit for specific performance - Vendee not insisting on specific performance of agreement to sell immovable property though time was essence of it but claimed damages and entered into compromise to accept a specific amount of damages and received major part of it - He even altered the conditions of contract due to the disability of vendor to fulfil his..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 1997
Details

Agreement to sell -- Suit for specific performance - Defendant ready and willing to pay damages - Rise in prices of the property during pendency of suit - Not the sole consideration for refusing the grant of decree for specific performance of a contract - There is no fact or circumstance placed on record or proved on the basis of which it can be said that the decree of..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 1997
Details

Civil Procedure Code, 1908, Order 2, Rule 2 -- Agreement to sell - Suit for injunction filed when a right had accrued to the plaintiffs to sue for specific performance of the contract - Plaintiffs not only omitted to sue for specific performance of the contract or for recovery of earnest money/liquidated damages but also did not seek any leave of the Court to sue for such..........

Showing : 71-80 of 96 Results