Showing : 131-140 of 494 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Agreement to sell -- Suit for specific performance - Ready and willing - Where a contract involves the payment of money, it is not essential for the plaintiff to actually tender to the defendant the money payable under the agreement...........
UTTARAKHAND HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 37, Rule 1-- Suit for recovery of money by Bank - Defendant No.2 issued cheques in favour of defendant No.1 - Amount of Rs.29,000/- was withdrawn by defendant No.1 while there was insufficient funds in account of defendant No.2 - Said amount was credited in account of defendant No.1 by mistake of bank..........
CALCUTTA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Alternative relief - Petitioner claimed title on strength of alleged deeds of conveyance - By introduction of alternative relief wanted to incorporate relief of recovery of money on breach of express obligations embodied therein - Held, by an introduction of alternative..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Agreement to sell -- Specific performance - Payment of earnest money of Rs.20,00,000/- - Amount not withdrawn from Bank - Amount stated to be lying in house as father had 12 acres of land - Not acceptable - Dismissal of suit calls for no interference...........
GUJARAT HIGH COURT
Year of decision: 2013
Details
Transfer of Property Act, 1882, Section 59-- Redemption of mortgage - Oral mortgage for an amount of Rs.350/- - Mortgage other than mortgage by deposit of title deed for principal money of more than Rs.100/- can be effected only by registered instrument - Mortgage not valid - Suit for redemption of mortgage not maintainable...........
CHHATTISGARH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d), Transfer of Property Act, 1882, Section 53A-- Rejection of plaint - Suit for permanent injunction restraining vendor from dispossessing purchaser from suit property - Agreement of sale entered into and earnest money paid by purchaser - No claim of relief of specific performance of contract - No averment regarding fulfillment of conditions..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 38, Rule 5-- Attachment before judgment - Suit for recovery of Rs.3.25 lacs as arrears of lease money - It shall be expedient and in the interest of justice so as to obviate the possibility of the petitioner disposing its assets with a view to defeat the decree that may ultimately be passed, that attachment..........
PATNA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 34, Rule 14, Trusts Act, 1882, Section 90-- Redemption of mortgage - Entitlement to - Mortgagee filed money suit and in execution of money decree, mortgaged property was sold which was purchased by mortgagee - Held, relationship of mortgagor and mortgagee continues to subsist even thereafter - His purchase is only in trust for mortgagor -..........
GUJARAT HIGH COURT
Year of decision: 2012
Details
Transfer of Property Act, 1882, Section 58, 60, Limitation Act, 1963, Article 113-- Mortgage - Redemption - Joint Family Property - Entire mortgaged property redeemed by one co-sharer/co-mortgagor by paying full amount of mortgage money - Right of no, redeeming co-mortgagor remains for partition of the suit property to get his share in the suit property - Once the property is..........
KERALA HIGH COURT
Year of decision: 2012
Details
Agreement to sell -- Suit for specific performance - Plea that agreement was executed only as a security for due repayment of loan - Handing over original documents at the time of execution of agreement to sell - Normally, original documents are given to purchaser only at the time the sale deed is executed - It is a..........

Showing : 131-140 of 494 Results