Showing : 261-270 of 508 Results

SUPREME COURT OF INDIA
Year of decision: 2008
Details
Agreement to sell-- Specific performance - If the pleadings manifest that conduct of plaintiff entitles him to get the relief on perusal of plaint he should not be denied the relief. (Specific Relief Act, 1963, S.20)...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Agreement to sell-- Specific performance - Ready and willing - Pleading as to - Basic principle is that any person seeking benefit of the specific performance of contract must manifest that his conduct has been blemishless throughout entitling him to the specific relief - Court is to grant relief on the basis of..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Agreement to sell-- Specific performance - Ready and willing - One of the terms in the agreement related to payment of interest - Pleading that plaintiff was willing to comply with the terms of sale agreement which were applicable - Cannot be concluded that there is no pleading as to readiness and willingness to pay..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Specific Relief Act, 1963, Section 20-- Specific performance - Absence of subsisting agreement - Held, that plaintiff can seek specific performance only when an agreement is subsisting - Plaintiff cannot maintain a suit for specific performance after the contract is determined...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Agreement to sell-- Specific performance - Ready and willing - It must be alleged and proved - Plaintiff should be ready and willing to perform the essential part of the contract from the institution of the suit till it is culminated into decree of Court. (Specific Relief Act, 1963, S.16(c)...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Agreement to sell-- Specific performance - Relief of specific performance cannot be granted if it would give unfair advantage to the plaintiff and where performance of the contract would involve some hardship on the defendant, which he did not foresee - Discretion of Court is not exercised to grant specific..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Agreement to sell-- Specific performance - Agreement to sell agricultural land - Due to consolidation proceedings Khewat Nos. or Khatauni Nos. changed - However, substantial portion of the land remained the same - Held, that decree of specific performance can be granted in respect of that part of suit property...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Agreement to sell-- Specific performance - Ready and willing - Plaintiff must be ready and willing to perform his part of contract - Appellant paid a sum of Rs.7, 000/- on the date of execution of agreement and deposited balance amount of Rs.8, 000/- in Court at the time of filing of suit - Plaintiff had gone to the..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 26-- Plaint & agreement to sell - Amendment - In a suit for specific performance of contract for sale, it is permissible to amend a part of the description of the suit property not only in the plaint but also in the agreement...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Suit for specific performance - Change in a part of description of the suit property - Held, amendment if allowed will not change the nature of suit from a suit for specific performance to a suit for declaration - Amendment allowed...........

Showing : 261-270 of 508 Results