Showing : 61-70 of 347 Results

SUPREME COURT OF INDIA
Year of decision: 2017
Details
Agreement to sell-- Suit for specific performance - Limitation - Cause of action to file the suit arose on expiry of period mentioned in the agreement i.e 31.12.1989 for its performance as provided in Art.54 of the Act - Suit filed immediately within 10 days on 10.1.1990 - Suit is filed within time. (Limitation Act,..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Agreement to sell-- Specific performance - Suit decreed as : (i) Necessary requirements of S.16(c) of Specific Relief Act read with requirement of Forms 47, 48 of Appendix `A' CPC and S.54 of Limitation Act are pleaded by plaintiff; (ii) execution of agreement with plaintiff not disputed by defendant; (iii) plaintiff..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 14, Rule 2-- Preliminary issue - Suit for specific performance - Plea regarding maintainability of suit - Plea is required to be raised in first instance in the pleading (written statement) then only such plea can be adjudicated by trial Court on its merits as a preliminary issue U.O.14.R.2 CPC - Having not..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Subsequent purchaser - Impleadment - Suit for specific performance - A purchaser is a necessary party as he would be affected if he had purchased with or without notice of contract, but a person who claims adversely to claim of a vendor is, however, not a necessary party...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Subsequent purchasers - Impleadment - Suit for specific performance - When plaintiff wants to implead certain persons as defendants on the ground that they may be adversely affected by the outcome of suit, then interest of justice also requires allowing such a prayer for impleadment so that..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Agreement to sell-- Suit for specific performance - Limitation - Sale deed was to be executed within six months of execution of agreement - Suit filed after seven years of execution of agreement - "Date fixed for the performance" in Art.54 Limitation Act means there is a definite date fixed for doing a particular act..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Power of Attorney Act, 1882, Section 1A, 2-- Power of attorney - Scope of authority - Suit for specific performance - Power of attorney executed with respect to earlier agreement of 1993 and not with respect to agreement of 1995 - However, power of attorney holder entered into compromise and transferred 65% share of plaintiff to subsequent..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Agreement to sell-- Specific performance - Vendor having no title in the suit property - Vendor directed to refund the amount received from vendee with 9% simple interest...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Agreement to sell -- Specific performance - Agreement executed on quarter sheet of paper without affixing any stamp and also written in small letters - Merely because agreement was produced before Magistrate in a criminal proceeding, no reliance can be placed on the same - Moreover, there is reference of earlier..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 12, Rule 6-- Judgment on admission - Eviction suit - Where tenant admitted the relationship of tenancy and period of lease agreement but resisted landlord's claim by setting up a defence plea of agreement to sale and also filed suit for specific performance, which of course is contested by landlord, such..........

Showing : 61-70 of 347 Results