Showing : 61-70 of 331 Results

SUPREME COURT OF INDIA
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 15(a)-- Suit for specific performance can be filed by "any party" to contract...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Conversion Scheme-- Clause 13 - Conversion from leasehold property to freehold property - Respondent neither a power of attorney holder nor a holder of agreement to sell - Conversion on the basis of decree for specific performance which decree is a collusive one and the same cannot confer any right upon respondent to..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Agreement to sell -- Specific performance - Agreement was executed 27 years ago - Time for performance of agreement was extended again and again for 8 years by plaintiffs but they failed to pay balance sale consideration and get the sale deed executed - In view of passage of time and escalation of value of property,..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit for specific performance - Amendment sought to incorporate correct value of suit property - Nature of suit not changed - Amendment cannot be rejected merely on the ground that upon enhancement of valuation of suit property, suit was to be transferred to High Court on its..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleading of a party - Suit for specific performance - Trust property - Beneficiary of trust has right to be impleaded as party - He cannot be treated as stranger...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Agreement to sell -- Specific performance - Plaintiff entered into agreement of sale with defendant No.1 being fully aware of the fact that suit property was already mortgaged - Suit property sold out in Court auction for non payment of mortgage amount and sale become final - Plaintiff, held, not entitled to relief of..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Agreement to sell - Suit for permanent injunction - Subsequent suit for specific performance - Cause of action for filing suit for permanent injunction based on threat to dispossess - Cause of action to file suit for specific performance based on non performance of..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Agreement to sell - Suit for permanent injunction - Subsequent suit for specific performance - Suit for injunction filed because of imminent threat from defendant of dispossession from the suit property - Cause of action to file suit for specific performance arose during..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Agreement to sell -- Specific performance - Limitation - No date fixed in the agreement for its performance - Time was not made essence of contract - Plaintiff paid entire sale consideration to defendant - Plaintiff filed suit after 11 years of agreement when she first came to know about fact of alienation of suit..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Agreement to sell - Suit for permanent injunction - Subsequent suit for specific performance - Cause of action in two suits different as suit for specific performance could not have been instituted on the basis of cause of action of the first suit - Secondly, merely..........

Showing : 61-70 of 331 Results