Showing : 411-420 of 621 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2005
Details
Agreement to sell-- Suit for specific performance - Breach of a contract to transfer immovable property must be specifically enforced - Alternative relief of securing compensation in money would not be adequate. (Specific Relief Act, 1963, S.10)...........
KERALA HIGH COURT
Year of decision: 2005
Details
Transfer of Property Act, 1882, Section 51, 52-- Transferee pendente lite - Decree for specific performance - Compensation for improvements made by transferee - In appropriate cases there is no bar for giving the benefit u/s 51 of the Act even in cases covered by S.52 if all the conditions u/s 51 are satisfied - In the instant case appellant was..........
KERALA HIGH COURT
Year of decision: 2005
Details
Transfer of Property Act, 1882, Section 52-- Lis pendens - Decree for specific performance - Pendente lite transferee is bound by the decree even if he has no notice of pendency of litigation - Fact that suit was decreed on the basis of consent is not a bar for the applicability of the doctrine of lis pendens unless there is proof of..........
ALLAHABAD HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 101-- Execution - Exparte decree for specific performance - Third party objections claiming to be owner in possession - Court has to decide third party objections before actual delivery of possession takes place - Court acquires jurisdiction to decide it as a question of title between the parties and..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Suit for specific performance - Amendment sought to change of door number of property - In agreement besides door number boundaries of property also given - Where boundaries and plot numbers are mentioned in a document, mistake in the plot number has to be treated as a..........
BOMBAY HIGH COURT
Year of decision: 2005
Details
Agreement to sell-- Suit for specific performance - Joint Family Property - Sale neither for benefit of family nor for legal necessity - Family members earning hand - No necessity to sell property - Specific performance cannot be granted...........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Specific Relief Act, 1963, Section 12(3)-- Specific performance of the part of agreement/contract - Agreement to sell entire property including share of minor - Vendor to obtain requisite permission from Court for sale of minor's share - Permission denied by the Court - No condition in the agreement that on denial of permission, agreement..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Agreement to sell-- Suit for specific performance - Decree of partition and separate possession of property - Can be granted in addition to decree of specific performance. (Specific Relief Act, 1963, S.22(1)(a)...........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Agreement to sell-- Suit for specific performance - Unable to perform whole of contract - Minor's share - Nothing in agreement that in the event of permission to sell minor's share is not obtained within specified period same shall become invalid or otherwise unenforceable in law - Permission to sell minor's share..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Civil Procedure Code, 1908, Section 16, 16, 20-- Suit for specific performance and for possession - Jurisdiction lies with the Court where property situates - Suit is covered by main part of S.16 CPC - Neither proviso to S.16 is attracted nor S.20 (residuary provision) applies...........

Showing : 411-420 of 621 Results