Showing : 21-30 of 1889 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell -- Specific performance - Agreement for sale entered into by plaintiff through her son/power of attorney - Defendants could accept the sale consideration but they disputed the authority of power of attorney - Power of attorney appeared in office of Sub Registrar for execution of sale deed but..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell-- Specific performance - Delay in filing suit - So long as a suit for specific performance is filed within period of limitation, delay cannot be put against the plaintiff...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell-- Specific performance - Time essence of contract - Clauses in agreement in the nature of reciprocal promises - Promise made by seller in clause 5 has to be performed first that title documents have to be obtained from mortgagee after mortgage is cleared - It is only then balance consideration for..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 38-- Suit for permanent injunction - Agreement to sell - Suit even when filed after accrual of cause of action to file suit for specific performance, plaintiff is entitled to seek relief of injunction by proving that he is in settled and permissive possession of suit property...........
DELHI HIGH COURT
Year of decision: 2019
Details
Agreement to sell -- Suit for specific performance - Maintainability - Termination of agreement prior to filing of suit - Merely because no declaration is sought that termination is illegal, it cannot be said that suit for specific performance is not maintainable...........
DELHI HIGH COURT
Year of decision: 2019
Details
Agreement to sell -- Suits for specific performance - Maintainability - Suppression of material facts - Suits are at the stage of framing of issues - Proceedings before Tehsildar and revenue authorities are alleged to be concealed by plaintiff - Though, proceedings before Tehsildar and revenue authorities ought to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 39-- Mandatory injunction - For getting back vacant possession of suit property - Defendant claiming protection of his possession on the basis of agreement to sell - Defendant neither filed a suit for specific performance of contract nor had he pursued his counter claim in the suit - On this count..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party - Suit for specific performance - Necessary parties are those persons in whose absence no decree can be passed - Proper parties are those persons whose presence before the Court would be necessary in order to enable the Court to decide and adjudicate the lis in an effective..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Agreement to sell -- Specific performance - Entering of two agreement to sell on different dates - Does not amount to extension of agreement, particularly when vendor has already sold some portion of the land in the first agreement and the first agreement become extinct - Credence has to be given to the person having..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell-- Specific performance - Plea of undue hardship - Plea not raised in written statement - Such plea thus, cannot be permitted to be raised now before Supreme Court in appeal...........

Showing : 21-30 of 1889 Results