Showing : 61-70 of 253 Results

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..........
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..........
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..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Readiness and willingness - Plaintiff having means but not actually willing to perform his part of contract - Plaintiff not paid the balance sale consideration within stipulated time of 15 days for execution of sale deed - Plaintiff held, not entitled to decree of specific..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Readiness and willingness - Refund of earnest money - Non deposit of balance of sale consideration in Court by plaintiff - It is not essential for plaintiff to tender money or deposit the same into Court but it is for plaintiff to show that he is having financial capacity at..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Readiness and willingness - Evidence of power of attorney holder in respect of matter of plaintiff's state of mind i.e of his readiness and willingness to perform agreement to sell at all times is not admissible. (Specific Relief Act, 1963, S.16(c)...........

Showing : 61-70 of 253 Results