Showing : 421-430 of 496 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Section 148, 151, Order 20, Rule 12A, Specific Relief Act, 1963, Section 28-- Extension of time for deposit of money in a decree for specific performance - No condition imposed in the decree that rights under the decree would stand forfeited in the event of default - Concept of automatic forfeiture of right accrued to the decree-holder under the decree - Cannot be extended..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Suit for specific performance of agreement to sell - Decree sought for enforcement of agreement inter se the executants - No relief sought against any stranger to agreement - A person not a party to agreement to sell - Neither necessary nor proper party to suit - Addition of such party - Will..........
KARNATAKA HIGH COURT
Year of decision: 1998
Details
Specific Relief Act, 1963, Section 10-- Specific performance of contract - Grant of decree - It is discretion of Court - Where no infirmity is shown in exercise of discretion by trial Court in granting decree, decree cannot be interfered with...........
KARNATAKA HIGH COURT
Year of decision: 1998
Details
Agreement to sell-- Suit for specific performance - Ready and willing - On stipulated date vendor not available to receive balance consideration amount - Vendor accepting balance sale consideration amount on subsequent date - Vendor still issuing notice rescinding contract and forfeiting advance on ground that..........
KARNATAKA HIGH COURT
Year of decision: 1998
Details
Specific Relief Act, 1963, Section 20(2)-- Agreement to sell - Compensation in lieu of performance - Where compensation is adequate relief, Court may refuse to grant decree of specific performance - It is for party seeking rescinding of contract to aver and prove that he is willing and ready to refund advance and pay compensation in lieu..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1997
Details
Specific Relief Act, 1963, Section 20, 21, 22-- Specific performance of agreement of mortgage with possession of suit property - Not proper after a lapse of more than 25 years to direct defendant to execute usufructuary mortgage in favour of plaintiff - Decree for specific performance declined - Defendant retained money and enjoyed fruits of..........
KARNATAKA HIGH COURT
Year of decision: 1997
Details
Agreement to sell-- Suit for specific performance - Comparative hardship - Vendor being hard pressed for money at relevant time for arranging his daughter's marriage, was compelled to agree to sell his dwelling house for low price - Court can rightly refuse to grant decree of specific performance, as that would..........
DELHI HIGH COURT
Year of decision: 1997
Details
Specific Relief Act, 1963, Section 28-- Decree for specific performance - Execution sought after five years - During all this period amount as per decree neither paid nor shown that he has the money in his bank account or otherwise in a position to pay the amount - No payment or deposit has been made till date to show his bona fides -..........
ANDHRA PRADESH HIGH COURT
Year of decision: 1997
Details
Agreement to sell-- Suit for specific performance - Sale consideration is the money due under two promissory notes - Agreement to sell not executed contemporaneously at the time of borrowing money under pronotes but executed six months thereafter - Inference cannot be drawn from the agreement that it was only a..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1997
Details
Specific Relief Act, 1963, Section 20-- Principles contained in clauses (a), (b) and (c) of sub-section (2) of Section 20 not exhaustive - Court's discretion to decline grant of specific performance not confined to them - Special cases when good and reasonable ground for not exercising this discretion - Court will not hesitate to..........

Showing : 421-430 of 496 Results