Showing : 11-20 of 182 Results

ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Agreement to sell-- Specific performance - Ready and willing - A year's stipulated in the agreement for execution of sale deed - Suit filed after three years of the date fixed for execution of sale deed - Admittedly, no notice was given to defendant for execution of sale deed and only oral requests were made to..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Agreement to sell-- Suit for specific performance - Limitation - Cause of action to file the suit arose on expiry of period mentioned in the agreement i.e 31.12.1989 for its performance as provided in Art.54 of the Act - Suit filed immediately within 10 days on 10.1.1990 - Suit is filed within time. (Limitation Act,..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Agreement to sell-- Specific performance - Suit decreed as : (i) Necessary requirements of S.16(c) of Specific Relief Act read with requirement of Forms 47, 48 of Appendix `A' CPC and S.54 of Limitation Act are pleaded by plaintiff; (ii) execution of agreement with plaintiff not disputed by defendant; (iii) plaintiff..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Adverse possession-- Notice dated 11.8.1964 alleging trespass - Suit filed on 09.09.1980 - Plaintiff for 12 years not sought possession - Second notice issued on 20.10.1978 by that time his right to seek possession of suit property has got extinguished - When suit was presented on 09.09.1980 it was beyond period of..........
DELHI HIGH COURT
Year of decision: 2016
Details
Agreement to sell-- Specific performance - Limitation - Period of limitation for specific performance is to be reckoned from the date fixed for performance and if no last date is fixed when the plaintiff has noticed that performance is refused. (Limitation Act, 1963, S.54)...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Agreement to sell-- Suit for specific performance - Limitation - Sale deed was to be executed within six months of execution of agreement - Suit filed after seven years of execution of agreement - "Date fixed for the performance" in Art.54 Limitation Act means there is a definite date fixed for doing a particular act..........
CHHATTISGARH HIGH COURT
Year of decision: 2016
Details
Adverse possession-- Possession delivered in pursuance of agreement to sell - Possession is permissive - Defendant cannot claim that his possession is adverse and he has perfected his title by way of adverse possession. (Limitation Act, 1963, Art.65)...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Limitation Act, 1963, Section 14, Arbitration and Conciliation Act, 1996, Section 34(2)-- Applicability of S.14 of 1963 Act - S.14 of Limitation Act, applies to S.34(3) of Arbitration Act...........
MADRAS HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5-- Setting aside ex-parte decree - Condonation of delay of 102 days in filing application - Court dismissed application filed u/s 5 of 1963, Act and ordered delivery of property on the very same day without granting time to petitioner to move to higher Forum - Prima facie, when termination of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Agreement to sell-- Specific performance - Relief of - Suit filed a day before expiry of limitation - Discretion to grant relief cannot be refused to be exercised in view of the fact that reply of defendant is not only vague but evasive as readiness and willingness has not been denied. (Specific Relief Act, 1963,..........

Showing : 11-20 of 182 Results