Showing : 1-10 of 113 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell -- Further agreement to sell by vendee in favour of subsequent vendee - Refund of earnest money to subsequent vendee - Prima facie vendor and vendee colluded to frustrate performance of further agreement - Since subsequent vendee is not entitled to specific performance, trial Court rightly directed..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell-- Specific performance - Refund of earnest money - Rs.26,000/- paid at the time of execution of agreement - Amount of 6,75,000/- paid subsequently - Order as to refund of Rs.7,01,000/- - No date mentioned of payment of Rs.6,75,000 either in the notice issued or in the plaint or in the affidavit of..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 406-- Criminal breach of trust - Agreement to sell - Property belongs to accused hence there is no entrustment of property - As far as refund of earnest money is concerned there is no proper demand for its return - Informant and his wife has not given up their claim in property and have sued for..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Competition Act, 2002, Section 53T-- Allotment of plot - Cancellation - Refund of money, interest and mesne profits - Fault and lapses on both the sides - Appellant persistent defaulter in payment of installments of plot - Respondent on the other hand entered into agreement with other respondents for same plot with substantially..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Agreement to sell-- Specific performance - Defendant executed power of attorney in favour of one person who is related to plaintiff - Power of attorney holder in collusion with plaintiff prepared a fictitious agreement which did not bear signature of defendant - Plaintiffs miserably failed to prove how time was not..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell-- Specific performance - Grant of relief of specific performance is discretionary and equitable relief which can be granted considering (a) existence of valid and concluded contract; (b) readiness and willingness of plaintiff and as to whether plaintiff is still ready and willing to perform his part..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Forfeiture of earnest money - Once readiness and willingness not proved, earnest money is deemed to have been forfeited - Court cannot even order refund of amount in a simplicitor suit for recovery - Plaintiffs were aware of this fact and intentionally chose not to seek specific performance of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Refund of double of earnest money can only be ordered, if plaintiff establishes that there is some damages apart from earnest money which is suffered by plaintiff...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Suit for specific performance - Relief of specific performance declined - Refund of earnest money - Cannot be granted unless specifically claimed. (Specific Relief Act, 1963, S.22)..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Readiness and willingness - No evidence on record to prove availability of funds with plaintiff - Plaintiff remained completely silent for a period of 2 years 7 months and 15 days - Relief of specific performance not granted to plaintiff - However, plaintiff entitled to..........

Showing : 1-10 of 113 Results