Showing : 1-10 of 346 Results

SUPREME COURT OF INDIA
Year of decision: 2020
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Suit for specific performance - Irreparable harm - Question of irreparable harm to a party complaining of breach of contract does not arise if other remedies are available to the party complaining of the breach...........
SUPREME COURT OF INDIA
Year of decision: 2020
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Suit for specific performance - Plaintiff seeking temporary injunction in a suit for specific performance has to establish a strong prima facie case on basis of undisputed facts - Conduct of plaintiff is also very relevant consideration for purposes of injunction -..........
SUPREME COURT OF INDIA
Year of decision: 2020
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Suit for specific performance - Whether there existed concluded contract between parties or not, is itself a matter for trial to be decided on basis of evidence that may be led - Part of consideration amount not paid by plaintiff - Balance of convenience is in favour of..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell -- Further agreement to sell by vendee - Suit for specific performance by subsequent vendee against vendee and vendor - Assignment of rights - Subsequent vendee was not party to agreement in between vendor and vendee - Vendor was not party to agreement in between vendee and subsequent vendee - There..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell -- Further agreement to sell by vendee - Assignment of rights - Suit for specific performance by subsequent vendee against vendor and vendee - Use of term `name proposed by vendee' in agreement in between vendor and vendee refers to a nominee to be proposed at the time of execution of sale deed and..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell -- Further agreement to sell by vendee in favour of subsequent vendee - Assignment of rights - Contingent contract - Further agreements are clearly contingent contracts inasmuch as they could only be enforced had vendee obtained right to get sale deed executed and taken possession of suit property as..........
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 - 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 - 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 : 1-10 of 346 Results