Showing : 1-10 of 118 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell-- Specific performance - Grant of relief of specific performance is discretionary and equitable relief which can be granted considering (a) existence of valid and concluded contract; (b) readiness and willingness of plaintiff and as to whether plaintiff is still ready and willing to perform his part..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell-- Specific performance - Grant of relief of specific performance is discretionary and equitable relief - To avail relief of specific performance, parties need to plead and prove all statutory requirements prescribed under provisions of act and Forms 47/48 of Appendix A to C of CPC - It is only then..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13-- Corporate loan - Recovery - Auction sale - Fraud and collusion between creditor and auction purchaser - Property was purchased by auction purchaser in pursuance of a public auction - Entire amount of sale consideration deposited by auction purchaser - Moreover, debtor failed to discharge its..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Clean hands-- Specific performance - Plaintiff is not entitled to equitable relief of specific performance, when he has not come to Court with clean hands...........
MADRAS HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Agreement executed only as security for loan taken by defendant - It was never intended to be acted upon and there was no intention to sell property - Even plaintiff was aware of the fact that more than one person was owner of property and he had entered into an agreement..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Agreement to sell-- Specific performance - Relief of specific performance is an equitable relief and not to be granted for mere asking - But at the same time, refusal of said relief should not be resorted to in an arbitrary and unreasonable manner...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 38-- Injunction - Encroachment - Equitable relief of injunction is not available to an encroacher...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Transfer of Property Act, 1882, Section 52-- Temporary injunction - Pendente lite purchaser - Part of property purchased by party during pendency of partition suit - Would disentitle him to equitable relief of temporary injunction due to his conduct, particularly when he has knowledge about pendency of partition suit...........
MADRAS HIGH COURT
Year of decision: 2017
Details
Agreement to sell-- Specific performance - Readiness and willingness - No failure on part of plaintiff to perform his part of contract - Defendants on the other hand, without following conditions mentioned in agreement to sell, has chosen to issue a feigned legal notice, which itself is frivolous - There is no..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Agreement to sell-- Specific performance - Seller cannot take advantage of his own wrong and then plead that grant of decree of specific performance would be inequitable - Escalation of prices cannot be a ground for denying the relief of specific performance - Specific performance is an equitable relief and granting..........

Showing : 1-10 of 118 Results