Showing : 771-780 of 2610 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Specific Relief Act, 1963, Section 22(2)-- Relief of possession - Sale deed executed in terms of decree passed - Until and unless possession is specifically prayed in the suit while seeking relief of specific performance of contract by way of execution of sale deed, Court cannot grant relief of possession as it is barred u/s 22(2) of Act...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Agreement to sell -- Decree of specific performance - Execution of sale deed - Relief of possession cannot be granted, by Executing Court, in absence of possession specifically prayed for in the suit - Judgment in case Nathu Ram Vs Chhotu Singh, 2012(4) Civil Court Cases 184 (P&H) holding otherwise held not a binding..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Court Fees Act, 1870, Section 7-- Court Fee - Suit for permanent injunction - Restraining defendant from transferring Hot Mix Plant and other machinery - Prayer made is only for simple permanent injunction - It does not contain any prayer for passing decree for specific performance of contract or for accounting - Maximum Court fee..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of subsequent vendees - Suit for specific performance - Impleadment allowed with the rider that applicant will join the proceedings from the stage the application was allowed and would pursue the defenses already taken by defendant and will not be allowed to set up a new case by..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10-- Amendment of plaint - Suit for specific performance - Impleadment of pre suit vendees with a prayer to set aside sale deed - Sale deed cannot be said to be challenged beyond period of limitation - Plaintiff has a valuable right to amend his pleadings to protect his direct interest by making vendee..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10-- Impleadment of subsequent vendees - Suit for specific performance - Sale despite injunction order - Question as to whether sale was despite knowledge of injunction order and as to whether subsequent vendees are bona fide purchasers can only be decided after parties lead evidence - Order allowing..........
DELHI HIGH COURT
Year of decision: 2014
Details
Agreement to sell -- Specific performance - Plaintiff as agreement purchaser is only entitled to claim specific performance against subsequent purchaser and would have no locus to challenge the said transaction between seller defendant and subsequent purchaser - As plaintiff is not entitled to relief of specific..........
DELHI HIGH COURT
Year of decision: 2014
Details
Agreement to sell -- Specific performance - Words "ready and willing" imply that person is prepared to carry out terms of the contract - Distinction between "readiness" and "willingness" is that former refers to financial capacity and latter to conduct of plaintiff wanting performance and that plaintiff must allege..........
DELHI HIGH COURT
Year of decision: 2014
Details
Agreement to sell -- Specific performance - Time fixed for performance of contract was six months for obtaining permission from various authorities by seller or 60 days from the date seller obtained various permissions - Non-obtaining of various permissions by seller within six months, ought to have been put to notice..........
DELHI HIGH COURT
Year of decision: 2014
Details
Agreement to sell -- Compensation in lieu of specific performance - Once plaintiff is held to be not entitled to relief of specific performance, question of granting relief of compensation does not arise - Granting of relief of compensation in lieu of specific performance, arises when plaintiff though entitled to..........

Showing : 771-780 of 2610 Results