Showing : 241-250 of 347 Results

SUPREME COURT OF INDIA
Year of decision: 2005
Details
Agreement to sell-- Suit for specific performance - Subsequent vendee - Plaintiff ready and willing to perform his part of the contract - In a collusive suit by way of compromise decree subsequent vendee obtained sale deed in his favour - Agreement of sale in favour of plaintiff was prior in time - Plaintiff had..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 47, Rule 1-- Second review - Agreement to sell - Initially suit for injunction filed - By amendment of plaint relief of specific performance allowed - As plaint was beyond pecuniary jurisdiction of Court the same was ordered to be returned and presented in Court of competent jurisdiction within two months -..........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Agreement to sell - Suit for permanent injunction - By amendment of plaint suit allowed to be converted to be one for specific performance - However, due to negligence/inadvertence, necessary pleading that plaintiff was ready and wiling to perform his part of contract omitted..........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- 'Ready and willing' - Sought to be introduced by way of amendment in a suit for specific performance - Question of limitation is not involved in allowing such an amendment in the plaint...........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Specific Relief Act, 1963, Section 28(1)-- Specific performance - Rescission of agreement - Execution of decree - Delay of nine years - Agreement dated 16.08.1980 to lease of Trust property - The suit for specific performance decreed on 28.07.1985 - Application moved by Trustees on 03.10.1994 u/S.28(1) inter alia alleging decree dated..........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Agreement to sell-- Suit for specific performance - Grant of decree of specific performance is discretion of Court - Court is not bound to grant such relief merely because it is lawful to do so - In cases where one of the three circumstances mentioned in S.20(2) Specific Relief Act is established, no question of..........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Specific Relief Act, 1963, Section 19(b)-- Suit for specific performance - Conveyance executed by vendor in favour of defendant No.2 - Plaintiff filed suit for specific performance alleging sale in favour of defendant No.2 as sham and bogus and that he was always ready and willing to comply with his obligations under the suit agreement -..........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Agreement to sell-- Suit for specific performance - Agreement to sell land for Rs.one lakh alleged to be of price of Rs.20 lakhs - No such plea raised in written statement - No issue framed - No evidence led that market price of the land was Rs.20 lakhs - In absence of pleading or an issue framed or evidence led, it..........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Agreement to sell-- Suit for specific performance - Delay - Hardship to vendor - Where vendor accepted part payments from time to time without any demur, redeemed mortgage only upon receipt of payment from vendee, he cannot be permitted thereafter to take the plea that Court should not exercise its discretionary..........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Transfer of Property Act, 1882, Section 53A-- Part performance - Suit for specific performance time barred at the instance of vendee - This by itself is not enough to deny the benefit of the plea of part performance of agreement of sale to the person in possession...........

Showing : 241-250 of 347 Results