Showing : 21-30 of 1827 Results

DELHI HIGH COURT
Year of decision: 2019
Details
Agreement to sell-- Specific performance - Plaintiff paid only 8% of sale consideration as advance - Plaintiff thus not entitled to discretionary relief of specific performance - Relief of specific performance rightly refused. (Specific Relief Act, 1963, S.20)..........
DELHI HIGH COURT
Year of decision: 2019
Details
Agreement to sell-- Specific performance - Claim of Damages - Damages have to be specifically proved - Damages in such cases are proved by showing increase in value of property whereby plaintiff is prejudiced in having to purchase similar property at a higher price on account of breach of contract by defendant - Once..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Agreement to sell-- Specific performance - Plea of hardship because of increase in the prices - Not a ground for defence of defendants until and unless the same is attributed to plaintiff in view of S.20(b) Explanation II of Specific Relief Act. (Specific Relief Act, 1963, S.20(b) Explanation II)..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Agreement to sell-- Specific performance - Defendant executed power of attorney in favour of one person who is related to plaintiff - Power of attorney holder in collusion with plaintiff prepared a fictitious agreement which did not bear signature of defendant - Plaintiffs miserably failed to prove how time was not..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell-- Specific performance - Grant of relief of specific performance is discretionary and equitable relief which can be granted considering (a) existence of valid and concluded contract; (b) readiness and willingness of plaintiff and as to whether plaintiff is still ready and willing to perform his part..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell-- Specific performance - Grant of relief of specific performance is discretionary and equitable relief - To avail relief of specific performance, parties need to plead and prove all statutory requirements prescribed under provisions of act and Forms 47/48 of Appendix A to C of CPC - It is only then..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell-- Specific performance - Readiness and willingness - Plaintiff failed to prove his readiness and willingness to perform his part of the contract - Lower Courts on appreciation of evidence recorded finding against plaintiff - No material perversity or illegality in said finding pointed out by..........
KARNATAKA HIGH COURT
Year of decision: 2019
Details
Agreement to sell-- Specific performance - Unregistered agreement to sell - There is no prohibition under proviso to S.49 of Registration Act for receiving an unregistered document as evidence of contract in a suit for specific performance. (Registration Act, 1908, Ss.17(1-A), 49)...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Agreement to sell-- Specific performance - Readiness and willingness - Plaintiff repeatedly asked defendant to come forward to perform his part of agreement - He paid entire sale consideration in terms of agreement - Factum of purchasing stamp papers by plaintiff also stands proved on record - Plaintiff thus,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Relief of specific performance not granted - Suit not filed immediately after marking presence before Sub Registrar or few months thereafter and allowed creation of third party rights after two years - Even sale deeds not challenged - Plea that defendants not able to prove..........

Showing : 21-30 of 1827 Results