Showing : 21-30 of 346 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of subsequent purchaser - Suit for specific performance - Plaintiff cannot be compelled to implead a person in suit for specific performance against his wish, more particularly with respect to a person against whom no relief is claimed by him - Applicant/subsequent purchaser cannot be..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 3, Rule 4-- Appeal - Vakalatnama - No written vakalatnama in favour of counsel of one of the defendants who represented him in appeal - However, counsel was engaged by father and brothers of said defendant who appeared as co-defendants in a suit for specific performance in which their interest was common -..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell-- Specific performance - Delay in filing suit - So long as a suit for specific performance is filed within period of limitation, delay cannot be put against the plaintiff...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Suit for specific performance - In execution of decree sale deed executed - Summons of case received by mother but mother did not bring the receipt of summons to the notice of defendant - Defendant prepared to deposit the entire amount spent by plaintiff towards..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell-- Specific performance - Once it is proved that vendor did not perform her part of contract, failure on the part of vendee to demonstrate that he was having sufficient money with him to pay balance sale consideration under agreement to sell by date of his evidence is not much of consequence - Suit..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 12, Rule 6-- Judgment on admission - Suit for specific performance - Plea that pages 3 & 4 of the agreement are tampered and their signatures are fabricated - When specific issue is already framed regarding agreement being tampered and fabricated as alleged by defendant, it cannot be said that there are..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell-- Specific performance - Readiness and willingness - Failure on the part of plaintiffs in not paying monthly instalments, not collecting rent from tenant living in suit property, not paying house tax etc., not taking action for eviction of tenant, shows that they were not ready and willing to..........
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..........
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..........
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..........

Showing : 21-30 of 346 Results