Showing : 261-270 of 543 Results

SUPREME COURT OF INDIA
Year of decision: 2010
Details
Agreement to sell-- Specific performance - Property under mortgage - Contract to sell immovable property with an imperfect title and property encumbered for an amount not exceeding the purchase price - Purchaser has a right to compel the seller to redeem the mortgage and obtain a valid discharge and then specifically..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Agreement to sell-- Specific performance - Considerable increase in prices - Not a ground to deny the relief of specific performance...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 1, Rule 10(2)-- Impleading of a party - If the owner of a tenanted property enters into an agreement for sale of such property without physical possession, in a suit for specific performance by the purchaser, the tenant would not be a necessary party - But if the suit for specific performance is filed with an..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Suit for specific performance-- Question as to whether Court can direct a plaintiff in a suit for specific performance (or any other suit) to file an undertaking that in the event of not succeeding in the suit, he shall pay Rs.25 lakhs (or any other sum) by way of damages to the defendant - Held, No - The reasons being (i) Every..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Suit for specific performance-- Question as to whether Court can direct a plaintiff in a suit for specific performance (or any other suit) to file an undertaking that in the event of not succeeding in the suit, he shall pay Rs.25 lakhs (or any other sum) by way of damages to the defendant - Held, No - The reasons being (i) Every..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Sale-- Collector rate or circle rates - Decree for specific performance - Sale got registered at a price of Rs.2 lakhs - Collector rate was Rs.33 lakhs - Held, authority can question the sale price entered into by the buyer and seller - Vendee directed to pay balance stamp duty...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Oral agreement to sell - Suit for specific performance - Injunction to restrain defendants from changing the nature of suit property - Injunction granted restraining defendants from alienating or encumbering the suit property or changing the nature and character thereof..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Oral agreement to sell - Suit for specific performance - Suit property sold during pendency of suit - Vendees impleaded party to the suit - Restraining such vendees from changing the nature of suit - Ad interim injunction granted restraining defendants from alienating or..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Agreement to sell-- Specific performance - It is the prerogative of the buyer to find out the defects in a property before buying it and also to make the seller rectify such defects - The rights of the buyer to seek reasonable clarifications and raise reasonable doubts have been statutorily recognized by S.55 of..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Specific Relief Act, 1963, Section 28-- Extension of time - Court has power to enlarge time in favour of D.H. to pay the amount or to perform the conditions mentioned in the decree for specific performance - Court can either extend time for compliance of the decree or can order rescission of the agreement - These powers are available to..........

Showing : 261-270 of 543 Results