Agreement to sell -- Specific performance - Relief of - Long pendency of proceedings - By itself not a ground to refuse relief of specific performance in absence of any compelling circumstances to take a contrary view...........
Trade Marks Act, 1999, Section 142, Specific Relief Act, 1963, Section 38 -- Infringement of trade mark - Suit for injunction - Held, injunction can be sought not only in a case of actual use but also in a case of threatened use of a trademark - Owner of a trademark is well within his right in coming to Court, for grant of an injunction, the moment he has a genuine..........
Specific Relief Act, 1963, Section 20, Limitation Act, 1963, Section 54 -- Suit for specific performance - Limitation - Even if no time is fixed for performance of contract, limitation starts to run from the date of denial or refusal - Agreement executed in the year 1978, legal notice sent in the year 1990 but suit filed in the year 1993 inspite of vendee being aware of..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Agreement to sell found not enforceable - Vendee not found willing to perform his part of contract - Relief of specific performance denied - Protection of S.53-A TPA cannot be claimed by vendee...........
Specific Relief Act, 1963, Section 16(c) -- Agreement to sell - Specific performance - Readiness and willingness - Plaintiff specifically pleaded in the plaint in terms of the requirement as provided under Section 16(c) of the Specific Relief Act that he was and is still ready and willing to pay the balance consideration amount and get the sale deed executed and registered..........
Agreement to sell -- Specific performance - Court can direct payment of additional sale consideration while granting relief of specific performance when there is increase in prices due to pendency of litigation for a long time or when sale consideration amount is grossly inadequate (not merely inadequate) - In the instant case sale consideration amount increased from..........
Civil Procedure Code, 1908, Section 148, Specific Relief Act, 1963, Section 28 -- Suit for specific performance - Conditional decree of specific performance - Delay of 4 days in deposit - Condonation of delay - Bona fide unintentional delay in depositing the amount - Even otherwise, no evidence has been led in order to prove that plaintiff/respondent had no money on the..........
Civil Procedure Code, 1908, Order 8, Rule 6A, Civil Procedure Code, 1908, Order 7, Rule 11 -- Counter claim - Suit for eviction & possession - Agreement does not talk of any sale of flat by plaintiffs to defendant - In counter claim, defendant claimed relief of specific performance and damages to the extent of Rs.1 lac - Trial with regard to same cannot be held by trial..........
Specific Relief Act, 1963, Section 37, 38 -- Suit for injunction - Co-owner - Cannot seek injunction against another co-owner - Remedy for plaintiff is to file a suit for partition...........
Hyderabad Municipal Corporation Act, 1955, Section 685 - - Municipal Corporation - In the suit filed by "S", no specific relief has been claimed against Municipal Corporation of Hyderabad nor any action taken by the Corporation is challenged specifically in the suit - Held, Municipal Corporation is only a proper party and not a necessary party - Suit can be disposed of..........
