Showing : 41-50 of 232 Results

DELHI HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Readiness and willingness - Bank account statement - On two dates there was deposit of Fifty and Fifty four lakhs - Otherwise there was barely deposit balance of Rs.25,000/- - No explanation as to how plaintiff mysteriously had such huge amounts on two dates and what was the..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Readiness and willingness - Presence of plaintiff before Sub-Registrar on the date fixed by Defendant for execution of sale deed along with balance sale consideration, shows that plaintiff was ready and wiling to perform his part of contract - It is defendants who did not..........
KERALA HIGH COURT
Year of decision: 2018
Details
Agreement to Sell-- Specific performance - Readiness and willingness - Continuous readiness and willingness on part of plaintiff to perform his part of contract is a condition precedent to grant relief of specific performance. (Specific Relief Act, 1963, S.16(c)...........
KERALA HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Readiness and willingness - Distinction - Readiness refers to financial capacity - Whereas, willingness refers to conduct of plaintiff wanting performance. (Specific Relief Act, 1963, S.16(c)...........
KERALA HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Readiness and willingness - Plaintiff failed to aver and prove that he was always ready and willing to pay entire balance sale consideration to defendant - He is not entitled to get discretionary relief of specific performance of contract - However, plaintiff is entitled to..........
KERALA HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Readiness and willingness - If plaintiff behaves contrary to terms of contract and insists that sale by defendants should be on terms which are different from terms of contract, then it is an indication that he was not willing to perform his part of contract. (Specific..........
KERALA HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Readiness and willingness - An act of breach committed by defendant does not remove bar u/s 16(c) of the Act - It is a personal bar - Even if defendant had committed breach of contract, if plaintiff fails to aver in plaint or to prove that he was ready and willing to perform..........
DELHI HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Readiness and willingness - Financial capacity of plaintiff - Not a single document filed by plaintiff to prove his financial capacity to pay balance sale consideration of Rs.40,40,000 - A self serving averment of financial capacity cannot be held to be discharge of onus of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Defendant denied the same by pleading it to be a security - Contents of agreement not proved by examining attesting witnesses, Stamp vendor and Deed Writer - Intention of parties for executing agreement not brought on record - Plaintiff miserably failed to prove readiness..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Readiness and willingness - Plaintiff did not have necessary funds available with him to pay balance consideration - Low income and low bank balance of plaintiff indicated his incapacity to make balance payments - Even otherwise, no material on record to show that plaintiff..........

Showing : 41-50 of 232 Results