Showing : 1-10 of 277 Results

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..........
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..........
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..........
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..........
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..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 34-- Future interest - Money decree - Future interest in terms of S.34 CPC from date of decree till final realization of amount cannot be exceed 6% p.a - It is thus, appropriate to modify future interest from 9% p.a to 6% p.a from date of decree till final realization of amount...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Suspicion regarding date of execution of agreement to sell - Plaintiff filed suit with incorrect assertions that possession was delivered - More so, plaintiff in his earlier suit for injunction knew that property transferred as per compromise decree under the ownership of..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 14(3)(c)-- Development agreement - Specific performance - Analysis of decided cases for grant of specific performance in case of development agreement are : (i) Courts do not normally order specific performance of a contract to build or repair - But this rule is subject to important exceptions, and a decree..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 37, Rule 1, 2-- Summary suit - Suit for recovery of money - Defendant shall not defend the summary suit unless he enters appearance and the consequence of his failing to do so would be deemed admission on his part leading to entitlement of plaintiff to a decree for the sum mentioned in summons together with..........

Showing : 1-10 of 277 Results