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Results of specific performance of contract

Showing : 21-30 of 814 Results

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Agreement to sell -- Specific performance - Readiness and willingness - Theory of extension of time for completion of contract demolished - Readiness and willingness on part of plaintiff gets completely weakened - Plaintiff not entitled to decree of specific performance...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Punjab Courts Act, 1918, Section 41, Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for specific performance - First Appellate Court returned a finding that plaintiff was ready and willing to perform contract and that defendants cannot take plea that they were not aware that son of plaintiff was power of attorney of plaintiff - Findings recorded by First..........

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 sale has to be paid - Time thus, was not essence of..........

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 claim of defendant and legal right to..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Agreement to sell -- Specific performance - Once it is proved that vendor did not perform her part of contract, failure on the part of vendee to demonstrate that he was having sufficient money with him to pay balance sale consideration under agreement to sell by date of his evidence is not much of consequence - Suit rightly decreed in favour of vendee...........

ALLAHABAD HIGH COURT

Year of decision: 2019
Details

Agreement to sell -- Suit for specific performance - Ready and willing - Trial Court ordered refund of advance money - First Appellate Court decreed the suit - Primary question as to whether parties were ready and willing till the date of judgment to perform their parts of contract not decided by Appellate Court while decreeing suit - Impugned judgment and decree of..........

KARNATAKA HIGH COURT

Year of decision: 2019
Details

Agreement to sell -- Specific performance - Readiness and willingness are distinct and different - Even if a party to contract is ready and has requisite funds he may not be willing to perform his part of contract and vice versa - Thus both readiness and willingness have to be established by plaintiff on whom burden is cast in a suit for specific performance of an..........

KARNATAKA HIGH COURT

Year of decision: 2019
Details

Agreement to sell -- Specific performance - Readiness and willingness - Neither on date of sale agreement, nor on expiry of terms of contract or on date of filing suit, plaintiff had requisite funds to pay balance sale consideration - Even, plaintiff not produced details of her bank account - Readiness and willingness on the part of plaintiff not proved - Relief of..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Suit for specific performance - Plea that pages 3 & 4 of the agreement are tampered and their signatures are fabricated - When specific issue is already framed regarding agreement being tampered and fabricated as alleged by defendant, it cannot be said that there are categorical and unconditional..........

UTTARAKHAND HIGH COURT

Year of decision: 2019
Details

Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff was ready and willing to perform his part of contract as per findings of trial Court - Overwhelming evidence to substantiate this fact is on record, more particularly notice given by plaintiff to defendant expressing that he is ready and willing to come forward for execution of sale deed -..........

Showing : 21-30 of 814 Results