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Results of money decree

Showing : 1-10 of 305 Results

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Bank guarantee -- Invocation - Contract of supply of plant and equipment - Bank guarantees in question were unconditional, specific in nature and limited in amount - Terms of guarantee categorically covered money which respondent had advanced against supply of plant and equipment - Said guarantees covered by loss and damage caused to or suffered by respondent in due..........

CALCUTTA HIGH COURT

Year of decision: 2019
Details

Agreement to sell -- Specific performance - Earnest money proved to have been paid to defendants by plaintiff - However, defendants failed and neglected to execute and register deed of conveyance in terms of agreement for sale in favour of plaintiff - Plaintiffs on the other hand was ready and willing to pay balance sale consideration - Defendant no.1 though entered..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Agreement to sell -- Specific performance - Specific averment in plaint that plaintiff is ready and willing to perform his part of the contract - Plaintiff had sufficient money to pay the balance consideration - First defendant had been avoiding the specific performance of agreement of sale - All formalities which are to be pleaded and proved by plaintiff for getting a..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Agreement to sell -- Specific performance - Plaintiff found not entitled to decree of specific performance - Earnest money of Rs.5,000/- paid in 1980 - Ends of justice would be met if some compensation is paid over and above return of earnest money - Plaintiff to pay a sum of Rs.5 lakhs in lieu of return of earnest money...........

MADRAS HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 21, Rule 11(2) -- Execution - Money decree - Arrest and detention of JD - Willful evading of payment by JD - DH contended that JD willfully and deliberately evading payment even though he is possessed of sufficient means to satisfy decree, as he is running a business - However, JD stated that said business is being run by his wife and not..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 27, Rule 8A, Civil Procedure Code, 1908, Order 41, Rule 5, 6 -- Stay application filed by Government - O.27.R.8-A CPC may exempt Government from furnishing security for seeking stay of execution of money decree - It, however, does not provide that decretal amount cannot be required to be deposited in appeal against a money decree...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Arbitration and Conciliation Act, 1996, Section 36(3) - - Money decree award - U, conditional stay of award - Validity - S.36 of the Act does not provide for any special treatment to Government while dealing with grant of stay in an application under proceedings of S.34 of the Act - Grant of stay is to be conditional as per S.36(3) of the Act - Courts ought not to pass an..........

BOMBAY HIGH COURT

Year of decision: 2019
Details

Transfer of Property Act, 1882, Section 58(c) -- "Mortgage" or transaction of "sale with option of re-purchase" - Recital of document executed - Defendant has taken loan from plaintiff and sold property to plaintiff and given possession for two years as mortgage with stipulation that if defendant return money with in two years then plaintiff would reconvey property but if..........

DELHI HIGH COURT

Year of decision: 2019
Details

Indian Penal Code, 1860, Section 447 -- Criminal trespass - Order framing charge u/s 447 IPC - Quashing of order - Petitioner is allottee of shop in question and has a decree in his favour and against complainant restraining him from forcibly dispossessing petitioners from said premises - No documentary evidence to show any discussion with regard to renting out of shop by..........

ALLAHABAD HIGH COURT

Year of decision: 2019
Details

Agreement to sell -- Suit for specific performance - Ready and willing - Trial Court ordered refund of advance money - First Appellate Court decreed the suit - Primary question as to whether parties were ready and willing till the date of judgment to perform their parts of contract not decided by Appellate Court while decreeing suit - Impugned judgment and decree of..........

Showing : 1-10 of 305 Results