Showing : 81-90 of 331 Results

SUPREME COURT OF INDIA
Year of decision: 2013
Details
Agreement to sell -- Suit for specific performance - Grant of alternative relief of earnest money - Interest - Plea that offer was made to return earnest money but the same was not accepted and therefore appellant cannot claim interest - Held, unless the amount was deposited in Court, interest on earnest money is..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Agreement to sell -- Suit for specific performance - Scribe - Neither knew the vendor, his son or as to who were the attesting witness - Scribe was an unlicensed deed write - Scribe is thus neither an attester nor an eye witness to the transaction...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Agreement to sell -- Suit for specific performance - Mutually inconsistent pleas - Plea that sale deed was to be executed within a period of 4 months however in deposition it was stated that sale deed was to be executed only after expiry of term of lease - Agreement executed on non judicial stamp paper which was..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10-- Impleading of transferee pendente lite in a suit for specific performance - Transfer despite restraint order and transferee having notice and knowledge of pendency of suit for specific performance - Held, transferee pendente lite is entitled to be added as a party defendant to the suit - However,..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Transfer of Property Act, 1882, Section 52-- Lis pendens - Transfer pendente lite despite restraint order and transferee having notice and knowledge of pendency of suit for specific performance - Restraint order does not render the sale ineffective - The party committing the breach may incur the liability to be punished for the breach..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Specific Relief Act, 1963, Section 19(b), Transfer of Property Act, 1882, Section 52-- Transfer pendente lite - Transfer whether for valuable consideration and without notice of the original contract - Even before institution of suit for specific performance a public notice was published in a newspaper informing the public about the agreement with the plaintiffs - After institution..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Limitation Act, 1963, Section 15(5), Article 54-- Agreement to sell - Suit for specific performance - Limitation - Period of absence of defendant from India has to be excluded while computing the limitation for filing of the suit...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Specific Relief Act, 1963, Section 20-- Agreement to sell - Specific performance - Relief of - Delay of 40 years - Escalation of prices - Plaintiff in no way responsible for the delay - Suit decreed - Sale deed be executed at the market price prevailing on the date of present order - Prevailing market price be assessed by the trial..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Pre mature suit -- Agreement to sell - Suit for specific performance - Cannot be dismissed per se to be presented on a future date - There is no provision in the Specific Relief Act, 1963 requiring a plaintiff claiming the relief of specific performance to wait for expiry of the due date for performance of the..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of second suit - Agreement to sell - Injunction suit filed followed by suit for specific performance - In the suit for injunction plaintiff claimed that facts and events have occurred which entitled it to contend that defendant had no intention to honour the agreement - Held, in such..........

Showing : 81-90 of 331 Results