Showing : 1-10 of 40 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell -- Specific performance - Readiness and willingness - Failure of plaintiff to offer any explanation why balance consideration was not deposited within time granted, filing application for extension of time after expiry of prescribed period coupled with frivolousness of grounds taken in application..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 28, 16(c)-- Specific performance - Readiness and willingness - Mere extension of time to deposit balance sale consideration does not absolve plaintiff of his obligation to demonstrate readiness and willingness coupled with special circumstances beyond his control to seek such extension - Plaintiff was..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 28-- Decree for specific performance - Extension of time for depositing balance sale consideration - DH was pursuing litigation in a bona fide manner - As JD refused to accept amount, execution of decree was filed during currency of period of 30 days within which DH was to deposit balance sale..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 28-- Specific performance - Extension of time to deposit balance sale consideration - Court can direct refund of advance money received by defendant in case extension of time is not favourably considered - Court can also direct repayment with such terms and conditions as are just and proper...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Extension of time to deposit balance sale consideration - Decree for specific performance - Court is always competent to extend time, if petitioner due to one or other reason, could not deposit balance sale consideration - Balance sale consideration already deposited in..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 148-- Enlargement of time - Decree for specific performance - Extension of time to pay balance sale consideration - When there is no rider attached with the decree that in the event of no, deposit of the amount within stipulated period, the decree would have the affect of nullification, then Court..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 148-- Extension of time - Suit for specific performance - Compromise decree - Decree which is brought under compromise cannot be in any way altered by Court - Court has no such power, for otherwise, it would mean that what parties have agreed upon can be subject to variation by Court's discretion -..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 28, Civil Procedure Code, 1908, Section 47-- Execution - Objections - Decree of specific performance - DH/vendee did not deposit the balance amount within time, nor he filed any application for making deposit or extension of time for deposit of balance amount - Even no explanation has been given for the same - Decree of specific performance..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 28-- Rescission of contract - Extension of time to deposit balance sale amount - S.28 of Act specifically provides that even if there is some time granted by Court for payment of balance sale consideration in a decree for specific performance, time can be extended - Only on failure to comply with the..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 28(1)-- Extension of time - Deposit of balance sale consideration - Suit for specific performance decreed in favour of purchaser with direction to deposit the balance sale amount within one month failing which suit would be deemed to be dismissed - Purchaser failed to deposit the amount within the said..........

Showing : 1-10 of 40 Results