Showing : 11-20 of 79 Results

DELHI HIGH COURT
Year of decision: 2016
Details
Agreement to sell-- Specific performance - Plaintiff being tenant of property paid the advance consideration and thus no longer liable to pay any future rent to defendant/landlord - Possession of plaintiff therefore, of suit property was effectively as a right of part performance u/s 53-A of T.P.Act - Plaintiff..........
DELHI HIGH COURT
Year of decision: 2016
Details
Agreement to sell-- Recovery of damages - Relief of specific performance not granted to plaintiff as he failed to prove his readiness and willingness to perform his part of contract - As regarding recovery of damages, since plaintiff does not seek any relief of money decree being consideration paid by plaintiff to..........
DELHI HIGH COURT
Year of decision: 2015
Details
Agreement to sell -- Specific performance - Damages - Mere breach of contract does not entitle grant of damages unless losses are proved to be caused on account of breach of contract by the other side. (Contract Act, 1872, S.73)...........
KERALA HIGH COURT
Year of decision: 2015
Details
Agreement to sell -- Specific performance - Claim of damages - Lack of material to conclude that plaintiff sustained any loss due to non execution of sale deed - Plaintiff did not had the money for payment of balance sale consideration and also the capacity to arrange payment of such amount, as such, he was not ready..........
DELHI HIGH COURT
Year of decision: 2014
Details
Agreement to sell -- Specific performance - Clause in agreement as to payment of liquidated damages in the event of breach - Does not negate the right of purchaser to claim relief of specific performance - A contract otherwise specifically enforceable may be so enforced though a sum may be named in it as the amount to..........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 8, Rule 6A-- Counter claim - Suit for specific performance - Cause of action had already arisen when written statement was filed - Counter claim filed by defendant in respect of right to claim damages and compensation from plaintiff cannot be allowed at belated stage after commencement of trial as it is..........
KERALA HIGH COURT
Year of decision: 2013
Details
Specific Relief Act, 1963, Section 16, 20-- Anticipatory reach of contract - Does not give cause of action to sue for specific performance - Anticipatory breach before the expiry of period for performance gives only a claim for damages treating the breach as ending the contract...........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Agreement to sell -- Specific performance - Discretion as to decree specific performance - Ordinary, the relief of specific performance ought to be granted and very rarely such relief is denied - If at all the remedy of specific performance of contract cannot be availed of, than only, the sum of damages may be..........
DELHI HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 10-- Stay of subsequent suit - Defamatory allegations in a suit for specific performance etc. - Subsequent suit for damages - Both the suits have different subject matters and different issues - Held, S.10 CPC is not attracted...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 39-- Temporary injunction - Suit for specific performance and claim of damages as an alternative relief - Held, plaintiff will be entitled to damages in case he ultimately does not succeed in the suit as such he will not suffer any irreparable injury - Not entitled to injunction...........

Showing : 11-20 of 79 Results