Showing : 131-140 of 2679 Results

SUPREME COURT OF INDIA
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 14(3)(c)(i)-- Development agreement - Specific performance - Parties not clearly defined the nature of material to be used, requirement of quality, structure of building, size of flats and obligations of owner after plan is sanctioned - Exact amount of remuneration payable by owner to contractor not found in..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 14(3)(c)(ii)-- Development agreement - Specific performance - Case of developer/plaintiff is that he incurred an expenditure towards clearing outstanding dues, security deposit and development, incidental and miscellaneous expenses - Alleged losses/damages incurred by plaintiff can be quantified - Plaintiff can..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 28-- Specific performance - Extension of time to deposit balance sale consideration - Court can direct refund of advance money received by defendant in case extension of time is not favourably considered - Court can also direct repayment with such terms and conditions as are just and proper...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 28-- Specific performance - Extension of time to deposit balance sale consideration - Application for extension of time filed nearly after five years from date of decree and judgment - Trial Court granted extension of time to deposit balance sale consideration on sympathetic consideration - Exercise of..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Agreement to sell-- Specific Performance - Readiness and willingness - Capacity to pay - Plaintiff failed to show his capacity to pay balance sale consideration of Rs.22 lakhs - He stated that he borrowed money from his friends and kept the same to pay balance sale consideration - However, no document on record to..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Agreement to sell-- Specific Performance - Relief of specific performance not granted - Earnest money ordered to be paid back to plaintiff with interest...........
DELHI HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Readiness and willingness - Financial capacity - No documentary evidence whatsoever filed by plaintiff with respect to his financial capacity - No income tax returns filed - No proof of bank deposits filed - No proof that balance sale consideration existed in the bank..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Substantial question of law - Suit for specific performance - Whether time essence of contract, is an important question of law, as to decide upon question whether obligations undertaken by parties under contract are to be performed...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 21, Rule 97, Transfer of Property Act, 1882, Section 52-- Execution - Decree for specific performance - Objection by pendente lite transferee - Property sold during pendency of appeal, which is not permissible in view of bar created by doctrine of lis pendence and O.21.R.102 CPC - Pendente lite transferee thus, has no right and not entitled to offer any..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Agreement to sell -- Specific performance - Plaintiff failed to prove passing off consideration under sale agreement, he is thus, not entitled to equitable relief of specific performance...........

Showing : 131-140 of 2679 Results