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Results of specific performance suit

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Showing : 251-260 of 422 Results

SUPREME COURT OF INDIA

Year of decision: 2007
Details

Agreement to sell -- Suit for specific performance - After agreement of sale a notification u/s 4(1) of Land Acquisition Act, 1894 issued - Vendor himself pleading that agreement stood frustrated - Enforcement of agreement for sale inequitable - However, vendor cannot forfeit the earnest money - Vendor liable to refund the advance amount...........

SUPREME COURT OF INDIA

Year of decision: 2007
Details

Specific Relief Act, 1963, Section 20, Transfer of Property Act, 1882, Section 3 -- Agreement to sell - Specific performance - Time for performance of agreement not fixed - Sale deed executed in favour of third party and possession delivered - Registration of sale deed amounts to notice - Suit filed after two years of having such knowledge - Suit though not barred by..........

SUPREME COURT OF INDIA

Year of decision: 2007
Details

Limitation Act, 1963, Article 54 -- Suit for specific performance - Limitation - Suit to be filed within three years if time is fixed for performance of agreement - In case time for performance is not fixed then it starts to run when plaintiff had notice that performance was refused...........

SUPREME COURT OF INDIA

Year of decision: 2006
Details

Civil Procedure Code, 1908, Order 1, Rule 10, Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Necessary Party - Suit for specific performance of agreement to sell - Injunction regarding alienation - Portion of suit land transferred - Application under O1 R10 by transferee for impleading party - Applicant being transferee pendente lite without leave..........

SUPREME COURT OF INDIA

Year of decision: 2006
Details

Specific Relief Act, 1963, Section 20 -- Specific performance - Rise in prices during pendency of suit - Plaintiff to some extent also responsible for delay of decision of suit - Defendant to be suitable compensated - Plaintiff to pay an additional sum of one lakh - Decree of specific performance maintained with said modification...........

SUPREME COURT OF INDIA

Year of decision: 2006
Details

Specific Relief Act, 1963, Section 16(c) -- Readiness and Willingness - Requirement of ` Agreement to sell - Suit for specific performance - Plaintiff must aver that he has performed or has always been ready and willing to perform his part of contract - Compliance with the readiness and willingness has to be in spirit and substance and not in letter and form - Continuous..........

SUPREME COURT OF INDIA

Year of decision: 2006
Details

Specific Relief Act, 1963, Section 16(c) -- Readiness and Willingness - Agreement to sell - Date for execution extended from time to time at the instance of vendor - Vendee present in the Registrar Office for registration of sale deed - Vendor not present - Suit for specific performance - Vendee depositing entire sale consideration in Court - Specific performance of..........

SUPREME COURT OF INDIA

Year of decision: 2006
Details

Specific Relief Act, 1963, Section 16 -- Increase in price of property - Effect of - Agreement to sell - Suit for specific performance - Rise in price of property during pendency of suit - No ground to refuse specific performance of agreement - Delay to some extent attributable to vendee also - Vendee directed to pay vendor additional amount of Rs.1.00 lac...........

SUPREME COURT OF INDIA

Year of decision: 2006
Details

Specific Relief Act, 1963, Section 20 -- Agreement to sell - Suit for specific performance - Discretionary relief of specific performance - Cannot be refused to be exercised on whims and caprice - However, when with passage of time, contract becomes frustrated or in some cases increase in price of land takes place, the same being relevant factors can be taken into..........

SUPREME COURT OF INDIA

Year of decision: 2006
Details

Specific Relief Act, 1963, Section 20 -- Agreement to sell - Suit for specific performance - Discretionary relief of specific performance - Cannot be granted merely for the reason that plaintiff is ready and willing to perform his part of contract and that defendant was not entirely vigilant in protecting their rights in the proceedings before the competent authority under..........

Showing : 251-260 of 422 Results