Showing : 71-80 of 347 Results

SUPREME COURT OF INDIA
Year of decision: 2015
Details
Agreement to sell -- Specific performance - Agreement a contingent contract depending upon certain conditions - Those conditions unfulfilled - If any of the conditions is not fulfilled seller is not bound to sell suit property and complete the sale even if purchaser waived the said conditions - Since agreement to sell..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Bar of limitation - Suit for specific performance of agreement to sell - Oral extension of time but no mention of particulars as to when and how long - Suit barred under Article 54 of Limitation Act - Order of trial Court rejecting plaint as barred by law of limitation,..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 19(b)-- Bonafide purchasers - Plaintiff entered into unregistered agreement to sell with defendants but failed to make the payment within stipulated period prescribed in agreement - Subsequent purchasers on the other hand purchased the suit property for value and have paid the money in good faith without..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Agreement to sell -- Time essence of contract - Plaintiff not adhered to time which is stipulated in the agreement to pay balance consideration amount to defendants - Non-adherence of time rendered the agreement repudiated - Plaintiff, held, not entitled to decree of specific performance - Suit dismissed...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 28(1)-- Extension of time - Deposit of balance sale consideration - Suit for specific performance decreed in favour of purchaser with direction to deposit the balance sale amount within one month failing which suit would be deemed to be dismissed - Purchaser failed to deposit the amount within the said..........
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...........

Showing : 71-80 of 347 Results