Showing : 961-970 of 1901 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Agreement to sell-- Specific performance - Stipulation in agreement that purchaser has a right to get sale deed executed in his name or in the name of his nominee and that vendee could enter into an agreement to sell with any person at any price - Vendee entered into agreement with plaintiff - Plea of vendor that..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Partition suit-- Plaintiff claimed one half share in suit properties on strength of sale deed - Execution of sale deed in favour of plaintiff not specifically denied in written statement - However, defendant set up defence that predecessor-in-interest of plaintiff executed sale agreement in his favour, but died..........
ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Agreement to sell-- Specific performance - Ready and willing - Pleading of readiness only - Use of word `Ready' alone is not sufficient compliance of the mandatory requirement of S.16(c) of the Act which postulates specific averment both with regard to readiness and willingness - Plaintiff not entitled to decree of..........
ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Agreement to sell-- Specific performance - Ready and willing - Specific performance of a contract cannot be enforced in favour of a person who fails to aver and prove that he has performed or has always been ready and willing to perform the essential terms of the contract. (Specific Relief Act, 1963, S.16(c)...........
ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Agreement to sell-- Specific performance - Ready and willing - Simple dictionary meaning of the word `ready' is preparedness for the moment or to be equipped with what is needed - `Willing' denotes inclination to do a thing voluntarily or without reluctance - Readiness connotes physical state of affairs and..........
BOMBAY HIGH COURT
Year of decision: 2010
Details
Agreement to sell-- Suit for specific performance - Plaintiff proved that he was ever ready and willing to perform his part of contract - Plaintiff also proved that defendant committed breach of the agreement - Contract was never validly terminated - Held, plaintiff entitled for decree of specific performance of..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Order 37 - Agreement to sell executed by defendant in favour of plaintiff - Plaintiff filed simple suit for injunction which was withdrawn unconditionally - Plaintiff then filed summary suit U.O.37 for recovery along with damages - This suit was rejected U.O.7.R.11 CPC - Plaintiff then filed suit..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Specific Relief Act, 1963, Section 28(1)-- Passing of decree for specific performance of agreement to sell - After passing of the decree Court does not cease to have jurisdiction and it retains control over the decree as Court can in exercise of powers u/s 28(1) of the Act, either extend time or rescind contract as claimed...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Agreement to sell-- Specific performance - Payment of substantial amount of earnest money - Date for execution of sale deed fixed beyond period of one year - Not a sufficient reason to suspect the genuineness of the agreement to sell...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Agreement to sell-- Specific performance - Claim of alternative relief - Does not disentitle plaintiff to the grant of relief of specific performance of the agreement - On the contrary, ordinarily, relief of specific performance of agreement has to be granted and only in exceptional cases, the said relief may be..........

Showing : 961-970 of 1901 Results