Showing : 71-80 of 331 Results

SUPREME COURT OF INDIA
Year of decision: 2014
Details
Agreement to sell -- Specific performance - Suit filed after a period of seven years - Not proved that plaintiff had been always ready and willing to perform his part of contract - Plaintiff not entitled to relief of specific performance...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Agreement to sell -- Specific performance - Dismissal of suit for specific performance - Order of trial Court restored whereby defendant was directed to refund the amount and advance sale consideration to the plaintiff's with interest at the rate of 12% with modification that defendant shall pay a sum of Rs.6,00,000/-..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Agreement to sell -- Specific performance - Agreement of sale entered between plaintiffs and some of co-sharers who do not have absolute title to suit schedule property is not enforceable in law - Plaintiff not entitled to decree of specific performance. (Specific Relief Act, 1963, S.17)..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Agreement to sell -- Specific performance - Ready and willing - Pleading - It is not necessary for plaintiff to aver in the same words used in S.16(c) i.e ready and willing to perform the contract - Absence of specific words in the plaint would not result in dismissal of suit if sufficient fact and evidence are..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Agreement to sell -- Specific performance - A suit for specific performance does not come to an end on passing of a decree - Court which passed the decree retains control over the decree even after the decree has been passed and the decree is sometimes described as the preliminary decree. (Civil Procedure Code, 1908,..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Specific Relief Act, 1963, Section 16(1)(c)-- Agreement of sale - Specific performance - Plaintiff did not get agreement of sale executed by paying remaining consideration amount to defendant Nos.1-4 within stipulated period of 7 months as agreed upon by him under clause 6 of agreement - Suit for specific performance was filed nearly 11..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Agreement to sell -- Suit for specific performance - Seller terminated agreement - Suit for specific performance is not maintainable without seeking declaratory relief that termination of agreement is bad in law...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Agreement to sell -- Specific performance - Suit property whether ancestral property or not - Inspite of statement by defendant additional issue to this effect not framed - Said issue is wholly relevant and significant for the effective disposal of suit - Matter remanded to trial Court for framing additional issue and..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Agreement to sell -- Specific performance - Execution of sale deed at the market price prevailing on the date of judgment - Modification of direction - As far as alleged transfer of rights in the suit property to third party at the time of passing of order in appeal is concerned the same cannot be a legitimate basis..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Agreement to sell -- Suit for specific performance - Relief of specific performance declined and alternative relief of refund of earnest money granted - Interest - Granted at the rate of 9% from the date of receipt of earnest money till payment...........

Showing : 71-80 of 331 Results