Showing : 1741-1750 of 2236 Results

SUPREME COURT OF INDIA
Year of decision: 1999
Details
Specific Relief Act, 1963, Section 18-- Non-enforcement except with variation - When the defendant sets up a variation then the plaintiff may have the contract specifically performed subject to the variation so set up only in cases of fraud, mistake of fact or misrepresentation or where the contract has failed to produce a certain legal..........
DELHI HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 14-- Interim injunction - Principles for grant of interim injunction are prima facie case, balance of convenience and irreparable injury if injunction is not granted - If the plaintiff can adequately be compensated for the loss caused to him by way of damages in the event of success of suit or any..........
DELHI HIGH COURT
Year of decision: 1999
Details
Specific Relief Act, 1963, Section 42-- Negative agreement - Enforcement - Claim of exclusive right to operate a particular business of Pizza Hut outlets within specific territory under the contract - Act does not say that every affirmative contract includes by necessary implication a negative agreement to refrain from doing certain..........
DELHI HIGH COURT
Year of decision: 1999
Details
Arbitration and Conciliation Act, 1996, Section 9, Specific Relief Act, 1963, Section 14-- Contract - Termination - Appointment of Arbitrator - Reference of dispute to arbitrator arising out of the contract - Petitioner alleging termination of contract illegal - Respondent justifying it - These questions were subject matters of reference to be decided by the Arbitral Tribunal - Grant of..........
SUPREME COURT OF INDIA
Year of decision: 1999
Details
Specific Relief Act, 1963, Section 20-- Specific performance - Grant of relief is discretion of Court - Discretion of the Court is not arbitrary but guided by judicial principles - Performance of contract involving hardship to defendant which he did not foresee and non-performance involving no hardship on the plaintiff is a circumstance..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1999
Details
Specific Relief Act, 1963, Section 28-- Suit for specific performance - Decreed - Plaintiff failing to deposit the balance sale consideration within the period fixed by the Court - Defendant has a right to ask the Court to rescind the agreement to sell because of the default committed by the plaintiff...........
ORISSA HIGH COURT
Year of decision: 1999
Details
Specific Relief Act, 1963, Section 37-- Where the title is not in dispute, a suit for injunction is maintainable...........
SUPREME COURT OF INDIA
Year of decision: 1999
Details
Agreement to sell-- Specific performance - Reference of dispute to arbitrator - Parties can agree to refer the issues relating to specific performance to arbitration - There is no prohibition in the Specific Relief Act, 1963 and Arbitration and Conciliation Act, 1996 that issues relating to specific performance of..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1999
Details
Specific Relief Act, 1963, Section 37, 38-- Perpetual injunction - Restraining defendant from alienating the suit land or from creating any charge thereupon and also restraining the defendants from raising any construction on the suit property - Plaintiff alleging that suit property is part of ancestral property and defendant alleging that..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1999
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration that plaintiff is the owner in possession of suit property - Sale deed in favour of defendant No.1 executed by defendant No.2 is illegal, void and does not confer any right - Agreement to sell executed by plaintiff in favour of defendant No.1 - Signatures admitted - When..........

Showing : 1741-1750 of 2236 Results