Showing : 11-20 of 157 Results

DELHI HIGH COURT
Year of decision: 2018
Details
Limitation Act, 1963, Section 14-- Condonation of delay - Suit for specific performance - Earlier suit for possession was permitted to be withdrawn by Supreme Court and simultaneously permission granted to file suit for specific performance - Jurisdiction of Court was never in doubt or under challenge - It was conscious option of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Time as essence of contract - Recitals in agreement reveals that parties prepared agreement in the form of a family settlement with clear intention that they would be able to transfer ownership of property in question by way of this agreement - Entire sale consideration was..........
GUJARAT HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Barred by limitation - Suit for specific performance - No time specified for sellers to execute sale deed - Period of limitation of 3 years as per Art.54 of Limitation Act, thus, start from the period when plaintiff noticed that performance is refused - Suit filed within said..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 34, 20-- Suit for declaration and specific performance - Limitation - Agreement to sell executed in the year 1992 - Cause of action arose to plaintiff in the year 2000 upon execution of sale deed inter se between defendant no.1 and defendant no.2 - Suit of plaintiff filed within 3 years from the year 2000..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Barred by limitation - Suit for specific performance - Suit not filed within 3 years of date of refusal by defendant held barred by limitation - However, plaintiff contended that recovery of possession also sought and in respect of same limitation is of 12 years - Contention..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Suit for specific performance - Plea of limitation - Neither raised before trial Court nor before first Appellate Court - Said plea being mixed question of law and fact, cannot be examined first time in second appeal by High Court...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11(a)-- Rejection of plaint - Bar of limitation - Suit for specific performance - Existence of real cause of action and bar applies to the facts from proof are matters for adjudication - However, in such case, rather than deciding rejection of plaint, it is to invoke O.14.Rr.1, 2 CPC to sub-serve the ends..........
DELHI HIGH COURT
Year of decision: 2017
Details
Agreement to sell-- Specific performance - Limitation - Three years - Limitation commences from the date fixed for the performance and in case no such date is fixed then, in that case, when plaintiff has notice that performance is refused. (Limitation Act, 1963, Art.54)...........
DELHI HIGH COURT
Year of decision: 2017
Details
Agreement to sell-- Specific performance - Limitation - Three years - Commencement - Legal notice by plaintiff on 24.08.2007 that defendant refused performance of agreement - No averment that time for performance of agreement is extended by the parties either orally or in writing beyond 24.08.2007 - Suit filed on..........
DELHI HIGH COURT
Year of decision: 2017
Details
Agreement to sell-- Specific performance - Limitation - Three years - Limitation starts to run from date fixed for performance of agreement - Where no such date is fixed, then period of 3 years will start to run from date when plaintiff has notice that performance is refused. (Limitation Act, 1963, Art.54)...........

Showing : 11-20 of 157 Results