Showing : 791-800 of 2716 Results

SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleading of a party - Suit for specific performance - Trust property - Beneficiary of trust has right to be impleaded as party - He cannot be treated as stranger...........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Suit for specific performance - Material terms and conditions of contract not concluded and recorded between parties - No prima facie case in favour of plaintiff - Moreover, in this case Court may not be able to grant any prayer for specific performance as such no interim..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Agreement to sell -- Specific performance - Plaintiff entered into agreement of sale with defendant No.1 being fully aware of the fact that suit property was already mortgaged - Suit property sold out in Court auction for non payment of mortgage amount and sale become final - Plaintiff, held, not entitled to relief of..........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Barred by limitation - Suit for specific performance - Defendant sent a letter in 2002 to plaintiff for repudiation of agreement - Art.3 of Limitation Act prescribes 3 years limitation period for filing suit for specific performance from the date when seller refuses to..........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Suit for specific performance - Plaint does not disclose any details or terms of agreement to sell - No documents produced by plaintiff with regard to agreement to sell, sale consideration, time frame within which agreement must be performed amongst others - Plaint displays..........
MADRAS HIGH COURT
Year of decision: 2014
Details
Agreement to sell -- Specific performance - Refund of earnest money - Court can order return of advance amount with interest, even in the absence of specific alternative plea for return of the amount - In the instant case there was prayer to grant such further or other relief as Court may deem fit to grant - Even when..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Agreement to sell - Suit for permanent injunction - Subsequent suit for specific performance - Cause of action for filing suit for permanent injunction based on threat to dispossess - Cause of action to file suit for specific performance based on non performance of..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Agreement to sell -- Specific performance - Plaintiff not to be denied specific performance only on account of phenomenal increase of price during pendency of litigation...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Agreement to sell - Suit for permanent injunction - Subsequent suit for specific performance - Suit for injunction filed because of imminent threat from defendant of dispossession from the suit property - Cause of action to file suit for specific performance arose during..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Agreement to sell -- Specific performance - If a party to a lis does not disclose all material facts truly and fairly but states them in distorted manner and mislead Court, Court has inherent power to exercise its jurisdiction in order to prevent abuse of the process of law...........

Showing : 791-800 of 2716 Results