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Results of specific performance of contract

Showing : 141-150 of 814 Results

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Transfer of Property Act, 1882, Section 53A, Specific Relief Act, 1963, Section 16 -- Suit for specific performance - Expiry of period of limitation - No bar for a person in possession of an immovable property in part performance of a contract for transfer for consideration to assert the shield of S.53A of Transfer Property Act...........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Agreement to sell -- 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 which are to be performed by him unless prevented or waived by the other party...........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Specific Relief Act, 1963, Section 16, Transfer of Property Act, 1882, Section 53A -- Suit for specific performance - Subsequent purchaser - No evidence brought on record to show that subsequent purchaser had knowledge of previous sale - No evidence that first purchaser was ready and willing to perform the contract - First purchaser not entitled to protection of S.53A of..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Specific Relief Act, 1963, Section 16, Transfer of Property Act, 1882, Section 53A -- Suit for specific performance - Protection of a prospective purchaser/transferee of his possession is available subject to the following prerequisites, (i) There is a contract in writing by the transferor for transfer for consideration of any immovable property signed by him or on his..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Agreement to sell -- Specific performance - Readiness and willingness - Plaint which seeks the relief of specific performance of agreement/contract must contain all requirements of S.16(c) of Specific Relief Act read with requirements contained in Form Nos.47 and 48 of Appendix `A' CPC. (Specific Relief Act, 1963, S.16(c), Civil Procedure Code, 1908, Appendix `A' Forms..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Agreement to sell -- Specific performance - Suit decreed as : (i) Necessary requirements of S.16(c) of Specific Relief Act read with requirement of Forms 47, 48 of Appendix `A' CPC and S.54 of Limitation Act are pleaded by plaintiff; (ii) execution of agreement with plaintiff not disputed by defendant; (iii) plaintiff had already paid more than 50% of sale consideration to..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Agreement to sell -- Specific performance - Terms of contract, conduct of parties at the time of entering into agreement and circumstances under which contract was entered into gave plaintiff an unfair advantage over defendants - These circumstances make it inequitable to enforce specific performance. (Specific Relief Act, 1963, S.20)...........

DELHI HIGH COURT

Year of decision: 2017
Details

Specific Relief Act, 1963, Section 28 -- Decree of specific performance - To be executed on determination of market value as on date of Supreme Court Judgment - Four years elapsed - Determination of price leading to payment hereof, is being unreasonably delayed by plaintiffs as plaintiff is in possession of property and while he is continuing to use the property does not..........

DELHI HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Agreement to sell - Plea in suit for injunction that defendant refused to honour the agreement to sell - Such plea gives rise to cause of action to file suit for specific performance - Plea that cause of action for filing suit for specific performance could not have arisen before the last date of..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Specific Relief Act, 1963, Section 28, Civil Procedure Code, 1908, Section 148 -- Specific performance - Non deposit of balance sale consideration within time - Decree is not executable by making payment of interest even when J.D. has not sought rescission of contract...........

Showing : 141-150 of 814 Results