Showing : 1-10 of 11 Results

SUPREME COURT OF INDIA
Year of decision: 2015
Details
Agreement to sell -- Specific performance - Oral contract - Oral contract is valid, binding and enforceable - Decree for specific performance can be granted on the basis of oral contract - However, heavy burden lies on plaintiff to prove that there was consensus ad idem between parties for concluded agreement for sale..........
HYDERABAD HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration - To claim relief of declaration burden is heavy on plaintiff to prove his right over the suit property with cogent and convincing reasons...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Agreement to sell-- Proof - Thumb impression on agreement alleged to be obtained on blank papers by taking advantage of drunken condition - Held, in that eventuality, a heavy burden of proof is on plaintiff to prove the due execution, genuineness of the agreement to sell and passing of the earnest money...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20-- Ex parte decree - Setting aside - Service by Munadi - When defendant is served by substituted service of munadi then heavy burden lies on the plaintiff to prove that defendant in fact was made aware about the filing and pendency of the suit...........
KERALA HIGH COURT
Year of decision: 2007
Details
Agreement to sell-- Oral - An agreement or contract for sale of immovable property need not be in writing - Heavy burden lies on plaintiff to prove that there was consensus ad idem between the parties for a concluded oral agreement for sale of immovable property...........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 8, Rule 10, Civil Procedure Code, 1908, Section , Order 9, Rule 6, Civil Procedure Code, 1908, Section , Order 14, Rule 1, Civil Procedure Code, 1908, Section , Order 20, Rule 5-- Suit if proceeds ex parte and in absence of a written statement - Necessity of proof by plaintiff of his case to the satisfaction of Court - Cannot be dispensed with - In absence of denial of plaint averments - Burden of proof on plaintiff not very heavy - A prima facie proof of relevant facts..........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 8, Rule 10-- Written statement - Failure to file - In absence of denial of plaint averments burden of proof on the plaintiff is very heavy - Prima facie proof of relevant facts constituting cause of action would suffice and Court would grant plaintiff such relief as to which he may in law be found entitled...........
ANDHRA PRADESH HIGH COURT
Year of decision: 1998
Details
Agreement to sell-- Oral - Law recognises an oral agreement of sale of immoveable property - Heavy burden lies on the plaintiff to prove that there was consensus ad idem between the parties for a concluded oral agreement - Whether there was a concluded oral contract or not is a question of fact to be determined in..........
ALLAHABAD HIGH COURT
Year of decision: 1997
Details
Sale deed-- Cancellation - Sale deed executed by aged and illiterate woman having eye trouble - Defendant being beneficiary of sale deeds and in fiduciary position to dominate will of plaintiff - Plaintiff is entitled to protection normally afforded to Pardanashin lady - Heavy burden lies on defendant to..........
SUPREME COURT OF INDIA
Year of decision: 1990
Details
Agreement to sell-- Oral - Suit for specific performance - Heavy burden lies on plaintiff to prove that there was consensus ad-idem between the parties for a concluded oral agreement of sale of immovable property...........

Showing : 1-10 of 11 Results