Showing : 81-90 of 257 Results

MADRAS HIGH COURT
Year of decision: 2013
Details
Specific Relief Act, 1963, Section 28-- Rescission of agreement of sale - Application u/s 28 of the Act can be made only before the Court which passed the decree and not in an execution proceedings...........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Specific Relief Act, 1963, Section 38, 39-- Suit for permanent injunction - Plaintiff dispossessed during pendency of suit - Plaintiff amended plaint seeking relief of mandatory injunction - Held, decree of possession in a suit for injunction can be granted...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Specific Relief Act, 1963, Section 20-- Specific performance - Held, if under terms of contract, plaintiff gets an unfair advantage over defendant, Court may not exercise its discretion in favour of plaintiff - Specific relief may not be granted if defendant would be put to undue hardship which he did not foresee at the time of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Specific Relief Act, 1963, Section 20-- Specific performance - Respondent has always been ready and willing to perform his part of contract at all stages - He has not taken any advantage of his own wrong - Respondent is in no way responsible for delay at any stage of proceeding - Held, decree for specific performance rightly granted -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Specific Relief Act, 1963, Section 37-- Punjab Tenancy Act, 1887 - Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1952 - Occupancy rights - Injunction - Plaintiffs asserted their right of occupancy and consequent ownership over suit land on basis of provisions of the Act of 1887 and the Act of 1952 - Assertion of said..........
MADRAS HIGH COURT
Year of decision: 2012
Details
Transfer of Property Act, 1882, Section 52, Specific Relief Act, 1963, Section 19(b)-- Purchaser pendente lite - Rights of purchaser pendente lite get vanished/dismissed in the event of plaintiff getting a decree for specific performance - In the instant case plaintiff has been non suited as such purchase made by second defendant is not affected by lis pendens...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2012
Details
Specific Relief Act, 1963, Section 38-- Permanent injunction - Possession - Statement of defendant by itself is not sufficient to belie the entries in the revenue record - Testimony of PW1 that his wife being co-sharer was in possession thereof remained uncontroverted - Defendant is not justified in claiming that she alone is the owner..........
KERALA HIGH COURT
Year of decision: 2012
Details
Specific Relief Act, 1963, Section 22, 28-- Decree of specific performance - Doctrine of merger - Applicability - It applies only to the limited extent - Principle of merger cannot be mechanically applied in specific performance suit - Court has to adopt realistic and pragmatic approach to the issue...........
MADHYA PRADESH HIGH COURT
Year of decision: 2012
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration of title and permanent injunction - Plaintiff claimed to have purchased suit land - No registered document available - Only receipt of payment and deed of conveyance written on a plain paper which was not registered - Title also claimed on basis of adverse possession - No..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Specific Relief Act, 1963, Section 20(2)(b)-- Specific performance - Plea of hardship - Good plea - But such plea is available only when it is taken and evidence in support of such plea is brought on record - Decree of specific performance cannot be reversed on such plea when such plea was neither taken nor any evidence led - Decree of..........

Showing : 81-90 of 257 Results