Showing : 71-80 of 227 Results

MADRAS HIGH COURT
Year of decision: 2017
Details
Agreement to sell-- Specific performance - Equitable relief - Delay and laches - Long delay of more than 2 years in issuing suit notice and in filing suit after period specified for performance would disentitle plaintiff from seeking relief of specific performance - Even otherwise, plaintiff never showed her..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Agreement to sell-- Specific performance - Readiness and willingness - If a party is not ready and willing to perform whole of the contract, specific performance with respect to part of contract cannot be ordered in view of S.16(c) of Specific Relief Act. (Specific Relief Act, 1963, S.16(c)...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Agreement to sell-- Specific performance - Ready and willing - It is necessary not only to aver the readiness and willingness but also to prove it. (Specific Relief Act, 1963, S.16(c)...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Agreement to sell-- Specific performance - Prior permission not taken from concerned authority - If readiness and willingness on the part of plaintiff to perform his part of contract is proved on record, he would be entitled to decree of specific performance and plea of not having required permission of concerned..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Agreement to sell-- Specific performance - Readiness and willingness - Plaintiff failed to pay the balance sale consideration on the date fixed by Sub-Registrar - Defendant on the other hand successfully proved on record that he was ready and willing to perform his part in terms of agreement inter se parties - Relief..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Agreement to sell-- Specific performance - A lethargic attitude on the side of plaintiff, even from the date of legal notice till the filing of suit clearly shows that readiness and willingness on their part is totally absent. (Specific Relief Act, 1963, S.16(c)...........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Agreement to sell-- Specific performance - Ready and willing - A year's stipulated in the agreement for execution of sale deed - Suit filed after three years of the date fixed for execution of sale deed - Admittedly, no notice was given to defendant for execution of sale deed and only oral requests were made to..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Leave U.O.2.R.2(3) - Agreement to sell - Suit for permanent injunction - Right to file separate suit for specific performance reserved - Court allowing application U.O.2.R.2 CPC - Cause of action for both the suits are different - In case of suit for injunction plaintiff is required to make out..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Agreement to sell-- Specific performance - Suit decreed as : (i) Necessary requirements of S.16(c) of Specific Relief Act read with requirement of Forms 47, 48 of Appendix `A' CPC and S.54 of Limitation Act are pleaded by plaintiff; (ii) execution of agreement with plaintiff not disputed by defendant; (iii) plaintiff..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Agreement to sell-- Specific performance - Readiness and willingness - Plaint which seeks the relief of specific performance of agreement/contract must contain all requirements of S.16(c) of Specific Relief Act read with requirements contained in Form Nos.47 and 48 of Appendix `A' CPC. (Specific Relief Act, 1963,..........

Showing : 71-80 of 227 Results