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SUPREME COURT OF INDIA

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Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 16(c) -- Plaint - Amendment - To incorporate mandatory requirement of S.16(c) of Specific Relief Act - Ground of typographical mistake - Sought at the stage when case was pending for judgment - Omission was pointed out in written statement - For seeking amendment party has to satisfy Court that he could..........

SUPREME COURT OF INDIA

Details

Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 16(c) -- Plaint - Amendment - To incorporate the mandatory requirement of S.16(c) of Specific Relief Act - Amendment cannot be allowed on the ground that a legal notice was sent before filing of suit and in that notice there is reference of readiness and willingness and plaintiff also led in evidence -..........

SUPREME COURT OF INDIA

Details

Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 16(c) -- Plaint - Amendment - To incorporate mandatory requirement of S.16(c) Specific Relief Act - Ground of typographical error - Omission of mandatory requirement running into 3 to 4 sentences cannot be a typographical error...........

SUPREME COURT OF INDIA

Details

Specific Relief Act, 1963, Section 12(3) -- Relinquishment - S.12(3) of the Act permits a party to an agreement to relinquish a part of the agreement which is not enforceable - However, it should be possible to identify and demarcate that part of the agreement which is not to be enforced...........

ANDHRA PRADESH HIGH COURT

Details

Agreement to sell -- Specific performance - Ready and willing - If there is undue delay or indifference on the part of plaintiff then willingness deserves to be doubted. (Specific Relief Act, 1963, S.16(c)...........

ANDHRA PRADESH HIGH COURT

Details

Agreement to sell -- Specific performance - Ready and willing - Plaintiff must have sufficient financial resources to perform his part of the contract - Willingness is to be discerned from the acts and omissions on the part of plaintiff - Plaintiff even if possesses adequate means but does not take steps to discharge..........

PUNJAB AND HARYANA HIGH COURT

Details

Specific Relief Act, 1963, Section 37, 38 -- Suit for injunction - Co-owner - Cannot seek injunction against another co-owner - Remedy for plaintiff is to file a suit for partition...........

PUNJAB AND HARYANA HIGH COURT

Details

Specific Relief Act, 1963, Section 34, 39 -- Suit for declaration that sale deed is illegal and void ab initio and for mandatory injunction directing defendant to remove construction made therein - The relief available to plaintiff was of declaration and possession - Held, suit for declaration and mandatory injunction is not maintainable...........

SUPREME COURT OF INDIA

Details

Agreement to sell -- Specific performance - Ready and willing - Pleading and proof - It is incumbent on the party, who want to enforce the specific performance of a contact, to aver and prove that he has performed or has always been ready and willing to perform the essential terms of the contract. (Specific Relief..........

SUPREME COURT OF INDIA

Details

Agreement to sell -- Specific performance - Ready and willing - Pleading and proof - If a contract involves the payment of money, it is not essential for the plaintiff to actually tender to the defendant or to deposit in Court any money except when so directed by the Court. (Specific Relief Act, 1963, S.16(c)..........
 
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  Showing : 1-10 of 1014 Results