Showing : 81-90 of 347 Results

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 - 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..........
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
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,..........

Showing : 81-90 of 347 Results