Showing : 151-160 of 522 Results

RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Suit for specific performance - Restraining defendant from alienating, transferring or creating any third party interest in the suit land during pendency of suit - Unregistered agreement to sell is admissible in evidence in a suit for specific performance - Plaintiff..........
DELHI HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Money suit - Proprietor of firm - Impleadment as defendant - Validity - Held, his presence is essential and necessary for just decision of case inasmuch as u, disputedly he was proprietor of firm from whom recovery was sought by plaintiff - No infirmity or illegality in impugned order - Petition..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Specific Relief Act,1963,22 -- Agreement to sell - Refund of earnest money - No such prayer made either in original plaint or in amended plaint - Held, relief cannot be granted - Plaintiff can, at best, become entitled to refund of earnest money only on surrender of possession of suit property to defendants...........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 37, Rule 2-- Summary sit - Collateral agreement by which defendant obtained loan from plaintiff - Plaintiff has right to file suit for recovery of money without proceeding against the collateral security - As the suit is filed U.O.37.R.2 and the parties having entered into written contract, the suit is..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Specific Relief Act, 1963, Section 39, 40, 41(h)-- Suit for mandatory injunction directing defendant to discharge obligation of payment of assessed contract value arising out of contract bond with interest - Held, appropriate remedy is to file suit for recovery of money due under the contract - Suit, held, not maintainable...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Agreement to sell -- Suit for specific performance - Suit dismissed by Courts below holding that plaintiff intentionally and without demur accepted refund of earnest money sent to him - Appeal - Acceptance of refund of earnest money not considered by Courts below in its proper perspective - Such refund accepted by..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Specific Relief Act, 1963, Section 10, Limitation Act, 1963, Article 54, Registration Act, 1908, Section 23, 25-- Lease agreement - Specific performance - Perusal of Ex.P2 reveals that it was not agreement but lease deed - Entire lease money was allegedly paid by the lessee to the lessor and possession of leased property was allegedly delivered by the lessor to the lessee - Lease deed was not registered..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Agreement to sell -- Suit for refund of earnest money - Execution of agreement denied - This denial includes denial of alleged thumb impressions on the agreement - Testimony of scribe that he does not know the parties personally - Plaintiff failed to examine any attesting witness - Finger print expert not examined -..........
UTTARAKHAND HIGH COURT
Year of decision: 2012
Details
Agreement to sell -- Suit for specific performance - Refund of earnest money - Not claimed in the suit - However, in the relief clause it was claimed `Any other relief, which the Court deems fit be awarded' - Held, relief of refund of earnest money can be granted - Refund of earnest money ordered alongwith simple..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Limitation Act, 1963, Article 19-- Recovery of money - Suit for - Limitation - Suit relates to recovery of money payable for money lent - Loan was given on 20.01.2002 - Suit filed on 13.05.2005 - Held, period of limitation is three years commencing from the date when loan is made - Suit barred by limitation...........

Showing : 151-160 of 522 Results