Showing : 831-840 of 2508 Results

ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Agreement to sell -- Specific performance - Time essence of contract - General principle applicable to determine, whether time is essence of contract or not, one has to read entire agreement/contract between the parties to find out whether, therein time is the essence or not, with reference to performance of contract,..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Agreement to sell -- Specific performance - Time essence of contract - Ordinarily, in relation to agreements to sale of immovable properties, time is not considered to be essence of contract unless such an intention can be gathered either from express terms of contract or by necessary implication, if it is or can be..........
GUJARAT HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Suit for specific performance - Injunction to restrain vendor from transferring, assigning, leasing, mortgaging the property in dispute - Time regarding payment of balance price was the essence of contract and such payment was not dependent upon plaintiff's satisfaction..........
MADRAS HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 1, Rule 10(2)-- Impleading a party - Suit for specific performance - Third party cannot be impleaded as a party to the suit, at the behest of defendant, on the ground that defendant entered into an agreement for sale with the third party earlier to the agreement relating to the suit...........
DELHI HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of party - Suit for specific performance and permanent injunction - L&DO denied NOC to plaintiff company to commence construction activity at suit premises - Impleadment of L&DO sought as co-defendant in suit - Held, suit property is leasehold property vested with L&DO - L&DO has..........
DELHI HIGH COURT
Year of decision: 2013
Details
Agreement to sell -- Specific performance - Plaintiff ready and willing to perform his part of the contract - Plaintiff had arranged for sufficient funds to pay the seller - Decree of specific performance granted...........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A-- Written statement - Amendment - Defendant seeking to introduce counter claim by way of amendment of written statement - Suit for specific performance - Defendant by way of counter claim seeking recovery of possession of suit property, which according to him was wrongly occupied by plaintiff -..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Agreement to sell -- Specific performance - Clean hands - To seek relief of specific performance plaintiff must come to Court with clean hands - When plaintiff does not come with clean hands or where he is guilty of fraud or some other practice he may ordinarily get no relief by way of specific performance...........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Agreement to sell -- Specific performance - Hardship - Agriculturist - Contract will put undue hardship upon the defendant who is agriculturist and is fully dependent on the agriculture...........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Agreement to sell -- Specific performance - Discretionary power of Court - Circumstances referred in clause 2 to 4 of S.20 of Specific Relief Act in regard to exercise of discretion for granting the decree for specific performance are not exhaustive, the relief of specific performance is discretionary and is not given..........

Showing : 831-840 of 2508 Results