Showing : 61-70 of 232 Results

SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Suit for specific performance - Plea relating to readiness and willingness - It is a finding of fact and cannot be disturbed in second appeal and was binding on High Court, particularly, when first Appellate Court had recorded its finding by appreciating the entire evidence on..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Agreement to sell-- Specific Performance - Readiness and willingness - Mere admission on part of defendant to accept the partial amount, cannot be substitute of proof of readiness and willingness - It was mandatory on part of plaintiff to show that he was ready and willing to pay remaining amount. (Specific Relief..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Agreement to sell-- Specific performance - Agreement not executed between parties on stamp paper - A letter signed by defendant in name of plaintiff is supposed to be contract to be performed - Though execution of document is admitted but truthfulness of contents was denied by defendant - Plaintiff failed to..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Agreement to sell-- Specific performance - Readiness and willingness - No failure on part of plaintiff to perform his part of contract - Defendants on the other hand, without following conditions mentioned in agreement to sell, has chosen to issue a feigned legal notice, which itself is frivolous - There is no..........
DELHI HIGH COURT
Year of decision: 2017
Details
Agreement to sell-- Specific performance - Readiness and willingness - Financial capacity - Suit filed in the year 2005 - Amount of Rs.Ten lakhs, as per FDR, deposited in Court in the year 2012 as per directions in an order passed by the trial Court - For a long period of seven years plaintiff failed to prove that he..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Agreement to sell-- Specific performance - Readiness and willingness - Number of opportunities provided to plaintiff to get the sale deed executed but he did not come forward to get it executed - Further, if plaintiff was really ready and willing to perform his part of contract, he should have offered to deposit the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Agreement to sell-- Specific performance - Readiness and willingness - Once counsel for the plaintiff made a statement that plaintiff is not ready to deposit the amount and that also after the mortgage had been redeemed by defendant - Suit filed by the plaintiff for specific performance could not be decreed...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Agreement to sell-- Specific performance - Readiness and willingness - Once defendant have questioned execution of agreement itself, then they cannot take plea of no, readiness of plaintiff to get sale deed executed...........
MADRAS HIGH COURT
Year of decision: 2017
Details
Agreement to sell-- Specific performance - No oral evidence available from both sides to prove their case - Parameters required for proving readiness and willingness which is mandatory not satisfied by adducing sufficient evidence - Decree of specific performance passed by Trial Court cannot be sustained - Without..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Agreement to sell-- Specific performance - Ready and willing - Plaint and documents on record shows that it was specifically pleaded that buyer was ready and willing to perform his part of contract - Even evidence of PW1 proves readiness and willingness on part of buyer, as buyer has taken prompt steps to file suit..........

Showing : 61-70 of 232 Results