Showing : 1651-1660 of 2297 Results

SUPREME COURT OF INDIA
Year of decision: 2003
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration - Rank trespasser in the process of committing a trespass and was allegedly raising unauthorised construction neither owned nor legally possessed by him - Relief of specific performance is not a further relief to which the plaintiff is entitled or which he could have sought..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2003
Details
Specific Relief Act, 1963, Section 28-- Agreement on the basis of which decree passed held by Court to have been rescinded under Section 28 on account of failure of vendee - decree - holder to deposit balance of sale price as directed by Court - Once contract/ agreement to sell declared to have been rescinded by Court - Vendor entitled..........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Specific Relief Act, 1963, Section 20-- Agreement to sell agricultural land between a farmer and a commission agent dealing in fertilizers - Agreement proved by plaintiff - Plea of defendant that plaintiff obtained thumb impression on some plain paper - Just, legal and proper exercise of judicial discretion - Not to direct specific..........
KARNATAKA HIGH COURT
Year of decision: 2003
Details
Specific Relief Act, 1963, Section 34, 38-- Joint Family Property - Alienation by Manager - Suit subsequently filed against manager by his wife, not only on her behalf but also on behalf of minor son and daughters claiming share in and partition of joint family property - Allegation that sale by Manager was not in interest of joint family..........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Section 96, 100-- Court of appeal should not ordinarily interfere with the discretion exercised by Courts below in discretionary relief of specific performance - Specific Relief Act, Section 20...........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Specific Relief Act, 1963, Section 16(c)-- Readiness and willingness of plaintiff - No averment made in the plaint - Plaintiff neither asked defendant to execute deed of sale nor tendered balance amount of consideration within a period of 3 years - Deposition that defendant did not execute sale deed despite receipt of notice - Does not..........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Specific Relief Act, 1963, Section 20-- Discretionary relief of specific performance - Trial Court and first Appellate Court refused to exercise discretionary jurisdiction - High Court should not interfere therewith without arriving at a finding that discretion exercised by Courts below on wrong legal principle - Civil Procedure Code,..........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Specific Relief Act, 1963, Section 20-- To get discretionary relief of specific performance plaintiff must approach Court within a reasonable time...........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Agreement to sell-- Suit for specific performance - Suit filed after six years of agreement to sell - No material to prove that plaintiff asked for execution of sale deed - Held, plaintiff is not entitled to discretionary relief of specific performance. (Specific Relief Act, 1963, S.20)..........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Agreement to sell-- Suit for specific performance - Ready and willing - Plaintiff in a suit for specific performance not only must raise a plea that he had all along been and even on the date of filing of suit was ready and willing to perform his part of contract, but also prove the same - However, even when exact..........

Showing : 1651-1660 of 2297 Results