Showing : 411-420 of 607 Results

SUPREME COURT OF INDIA
Year of decision: 2005
Details
Civil Procedure Code, 1908, Section 16-- Suit for specific performance - Jurisdiction - Lies with the Court where property situates - Agreement that Court at place `D' alone has jurisdiction - Not applicable in case of a suit for specific performance as a suit for specific performance can only be filed in a Court where property situates..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Civil Procedure Code, 1908, Section 16, 21-- Suit for specific performance and possession - Can be filed at place where property situates - Case filed at place other than where property situates and as per agreement clause restricting jurisdiction to a particular place - Objection to jurisdiction not taken in written statement - Held, it..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 2, Rule 2-- Suit barred by O.2.R.2 CPC - Temporary injunction cannot be granted - Suit for specific performance - Suit property sold to third party during pendency of suit for injunction - Restraining third party from changing nature of suit property and from raising any construction - Suit for injunction..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Agreement to sell-- Suit for specific performance - Description of property changed because of consolidation proceedings - There is no bar to a decree of specific performance being granted...........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Specific Relief Act, 1963, Section 34-- Sale deed executed as security of loan - Oral agreement of recoveyance on payment of loan - Loan amount paid - Suit for declaration of title - Not maintainable in absence of seeking relief of declaration that sale deed was a loan transaction and not a real sale - Second relief of specific..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d), Civil Procedure Code, 1908, Order 2, Rule 2-- As security of loan, sale deed executed on 5.5.1953 - Oral agreement that on return of loan amount re-conveyance deed shall be executed - Entire loan amount paid on 25.3.1987 - Suit for declaration of title and injunction filed on 26.8.1996 - Suit for mere declaration is not maintainable in..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2005
Details
Transfer of Property Act, 1882, Section 53A-- Suit for specific performance - If a person is in possession of property under an agreement to sell, he has a right to protect his possession under the provision by filing a suit if he is ready and willing to perform his part of contract - To claim benefit of the provision, possession must be..........
BOMBAY HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Section 16-- Suit for specific performance of agreement to sell immovable property - Suit is to be filed in the Court within local limits of whose jurisdiction the property is situated...........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Addition of a party - Suit for specific performance - A stranger or a third party to the contract, claiming to have an independent title and possession over the contracted property is not entitled to be added as a party in the suit...........
KARNATAKA HIGH COURT
Year of decision: 2005
Details
Agreement to sell-- Suit for specific performance - Inadequacy of price and hardship to party called upon to perform - When hardship is brought about by vendor himself by inducting third party into property which he had agreed to sell, then vendor cannot be relieved of his obligation to perform contract on ground of..........

Showing : 411-420 of 607 Results