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Results of specific performance of contract

Showing : 31-40 of 814 Results

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Agreement to sell -- Specific performance - Absence of stipulation of enforcement of agreement through Court of Law - Enforcement of agreement through Court is not dependent on contract between the parties providing for a stipulation that in case one of the party does not perform or honour the agreement to sell, agreement can be specifically performed through Court of law..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Agreement to sell -- Suit for specific performance - Limitation - Date not fixed for performance of contract - Limitation begins to run from the date plaintiff has notice of refusal by defendant - No finding of Court that performance was refused - Suit not barred by limitation. (Limitation Act, 1963, Art.54)...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Agreement to sell -- Specific performance - Limitation - Date fixed in the agreement - Does not stand extended when defendant was pursuing application seeking permission of Land and Development Office (L&DO) - It is settled law that vendee cannot claim that cause of action for filing suit has not arisen on the date fixed in the contract on the ground that certain..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Limitation Act, 1963, Article 54 -- Limitation - Suit for specific performance - Date fixed for performance of contract - Plaintiffs were given right to get sale deed executed through Court in case failure on part of defendants to execute sale deed on fixed date - They filed suit 12 years after date fixed for performance - Silence maintained by plaintiffs for about 12..........

BOMBAY HIGH COURT

Year of decision: 2019
Details

Transfer of Property Act, 1882, Section 53A -- Part performance - Protection of possession u/s 53-A of the Act - Suit for specific performance - Plaintiff remained inactive for a period of more than 8 years - Since correct steps were not taken by plaintiff suit was barred by limitation - Plaintiff thus, not ready and willing to perform his part of contract - He cannot seek..........

CHHATTISGARH HIGH COURT

Year of decision: 2019
Details

Agreement to sell -- Specific performance of contract - Readiness and willingness - Plea of LRs. of defendants that plaintiffs repaid the loan amount - However, evidence shows that amount was paid by plaintiffs to defendants towards consideration for sale and not for loan amount - Moreover, paying of entire amount of consideration for sale shows willingness of plaintiffs..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Agreement to sell -- Specific performance - Readiness and willingness - Pleading and proof - Not even a remote suggestion in plaint averments that plaintiff had performed or has always been ready and willing to perform his part of the contract - Testimony of plaintiff lacking in material assertions of readiness and willingness on his part, which is essential for grant of..........

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 no evidence is led to prove damages, same cannot be..........

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 of contract; (c) whether plaintiff performed his part..........

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 plaintiff - Court is not inclined to reappreciate entire..........

Showing : 31-40 of 814 Results