Showing : 421-430 of 507 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Decision in favour of defendant - Defendant not required to challenge the findings on other issues decided against him - Such findings and decision of an issue against him will not operate as res judicata against him so as to bar him from reagitating that issue in any subsequent..........
KARNATAKA HIGH COURT
Year of decision: 1999
Details
Agreement to sell-- Suit for specific performance - Grant of specific performance is a discretionary relief - Ordinary rule is that specific performance should be granted and it can be denied only when equitable considerations point out its refusal and circumstances show that damages would be adequate relief -..........
SUPREME COURT OF INDIA
Year of decision: 1999
Details
Specific Relief Act, 1963, Section 28, 16-- Suit for specific performance - In the decree two months time granted to deposit balance sale consideration - Neither amount deposited nor any application for extension of time filed within two months - In execution proceedings initiated after 5 years of decree, extension of time sought - Held, no..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Suit for specific performance of agreement to sell - During pendency of suit defendant suffered a decree in favour of `Ramesh Kumar & Ors.' - Amendment of plaint sought contending that the decree suffered by the defendant is not binding on him and also that the decree is hit..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1998
Details
Agreement to sell-- Suit for specific performance - Presence of plaintiff in the office of Sub Registrar with the sale consideration and also with the amount required for the purpose of stamp duty and registration expenses - Proof - Affidavit attested by Sub Registrar recording the presence of the plaintiff with the..........
ANDHRA PRADESH HIGH COURT
Year of decision: 1998
Details
Agreement to sell-- Suit for specific performance - Relief of possession - Can be claimed at any stage of proceedings even if not claimed in plaint - Can even be claimed at the stage of execution by way of amendment of plaint - Separate suit for relief of possession is barred - In the instant case though relief for..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1998
Details
Transfer of Property Act, 1882, Section 52-- Subsequent purchaser during pendency of suit for specific performance - He is bound by the decree against the vendor and the plea that he is bona fide purchaser without notice, is of no consequence...........
ANDHRA PRADESH HIGH COURT
Year of decision: 1998
Details
Agreement to sell-- Suit for specific performance - Hardship - Defendant knew about the consequences in entering into the agreement of sale thus the hardship, now pleaded, was well within the knowledge of the defendant at the time of executing the agreement - Plaintiff successfully proved that he did not violate any..........
ALLAHABAD HIGH COURT
Year of decision: 1998
Details
Specific Relief Act, 1963, Section 13, Transfer of Property Act, 1882, Section 55(1)(g)-- Specific performance of agreement to sell - Sale deed - Incorporation of indemnity clause in sale deed - Valid u/s 55 of Transfer of Property Act even if not provided in decree - Such clause not outside scope of sale deed though not required to be included in agreement - Under S.13 of Specific..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1998
Details
Judgment-- appreciation of evidence - Plaintiff must succeed or fail on his own case - Cannot take advantage of weakness of defendant's case to get a decree - Plea that in absence of any evidence on side of defendant and more so when defendant's counter - claim dismissed, plaintiff's suit should be..........

Showing : 421-430 of 507 Results