Showing : 771-780 of 2716 Results

GAUHATI HIGH COURT
Year of decision: 2015
Details
Agreement to sell -- Specific performance - Payment of balance sale consideration at the time of registration of agreement - No such stipulation in the agreement - Contention thus is hit by S.92 of Evidence Act, inasmuch as, oral evidence cannot override to the registered written agreement - Suit rightly decreed in..........
GAUHATI HIGH COURT
Year of decision: 2015
Details
Agreement to sell -- Specific performance - Readiness and willingness - Registered agreement between parties proved on record - Moreover, institution of suit for specific performance of contract offering to pay balance consideration to defendants for getting valid deed of sale is itself indicative of the fact that..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 420, 467, 468, 120B, 506-- Cheating - Agreement to sell - Sale of property to third person - Property sold to subsequent vendees much after the relevant date to execute the sale deed - Question of any dishonest intention or cheating did not arise - Civil suit for specific performance already filed - Dispute between parties..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit for specific performance - Amendment sought to incorporate correct value of suit property - Nature of suit not changed - Amendment cannot be rejected merely on the ground that upon enhancement of valuation of suit property, suit was to be transferred to High Court on its..........
CALCUTTA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit for specific performance - Amendment sought to incorporate a case of fraud and consequential prayer for declaration to nullify the sale of suit property by defendant No.1 to defendant No.2 - However, on the date of institution of suit plaintiff was aware that suit..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4)-- Dishonour of cheque - Appeal against acquittal - Agreement to sell - Plea by accused that cheques in question were issued under fear and pressure held, believable - As attorney of complainant admitted in his cross examination that complainant made a complaint to police authorities where compromise..........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Agreement to sell -- Specific performance - Readiness and willingness - Suit property was under litigation at the time of agreement and it was agreed between parties that cost of litigation would be borne by plaintiffs - No lapse on the part of plaintiffs to pay litigation expenses - Bona fide of plaintiffs further..........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Agreement to sell -- Specific performance - Limitation - Suit filed within three years from the date of denial on the part of defendants to execute the sale deed - No delay or laches on the part of plaintiffs in seeking remedy by way of suit of specific performance - Suit, held, not barred by limitation...........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Agreement to sell -- Specific performance - Defendants contended that since title of property was not perfect at the time of entering into contract, it renders the contract itself invalid - Contention unsustainable, as in view of S.43 of T.P.Act, transfer by unauthorized person who subsequently acquires interest in..........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Agreement to sell -- Specific performance - Escalation of price - Where plaintiffs have better case than defendants, specific performance of agreement cannot be denied merely on the ground of escalation of prices particularly when plaintiffs cannot be put to blame or any kind of loss or prejudice caused to defendants...........

Showing : 771-780 of 2716 Results