Showing : 11-20 of 2722 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 47-- Execution - Objection as to validity of a decree - Suit for specific performance was maintainable only before civil Court - Therefore Court did not lack inherent jurisdiction and decree in such a case would not be nullity and not open to challenge in execution proceedings - Objection rejected...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell -- Suit for specific performance - Plea of estoppel - Estoppel by conduct could not arise when a person concerned knew the right position relating to the title in property in his possession and he could not plead that he was induced to hold an erroneous belief because of the conduct of real owner of..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Stamp Act, 1899, Section 35-- Impounding of documents - Refund of stamp duty - Suit for specific performance - Where the parties to the proceedings have consented to obtain a consent decree of specific performance pursuant to which deed of conveyance was executed and full stamp duty was paid by one party and no objection was..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell -- Specific performance - Readiness and willingness - Failure of plaintiff to offer any explanation why balance consideration was not deposited within time granted, filing application for extension of time after expiry of prescribed period coupled with frivolousness of grounds taken in application..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell -- Specific performance - Readiness and willingness - Capacity to pay - Plaintiff has to demonstrate readiness and willingness u/s 16(c) of Specific Relief Act throughout to perform his obligations under the contract - Plea that amount would lies in bank without interest is unfounded and contrary to..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 28, 16(c)-- Specific performance - Readiness and willingness - Mere extension of time to deposit balance sale consideration does not absolve plaintiff of his obligation to demonstrate readiness and willingness coupled with special circumstances beyond his control to seek such extension - Plaintiff was..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell -- Specific performance - Readiness and willingness - Certificate issued from office of Sub-Registrar confirming presence of plaintiffs before Sub-Registrar for execution of sale deed on the particular date cannot be construed as conclusive evidence to no, suit defendants, particularly when no..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell -- Specific performance - Readiness and willingness - Pendency of an appeal by defendant did not preclude plaintiff from depositing amount in proof of his readiness and willingness, particularly when there is no stay by appellate Court of decree under appeal to justify no, deposit during pendency of..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell -- Specific performance - Readiness and willingness - It was for plaintiff to establish his readiness and willingness for execution of agreement by entering witness box and proving his capacity to pay balance consideration amount - Power of attorney appointed later on was naturally unaware of..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell -- Specific performance - Readiness and willingness - Suit property was mortgaged to education department and was redeemed by defendant later on and intimation for the same was given to plaintiff - Merely because plaintiff may not have been satisfied by intimation given by defendant regarding release..........

Showing : 11-20 of 2722 Results