Showing : 11-20 of 47 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Agreement to sell -- Specific performance - Agreement surrounded by suspicious circumstances as : (a) executed on plaint paper where adhesive stamps are used; (b) Agreement does not bear signatures of defendant No.1 on its backside, who allegedly entered into agreement and does not indicate who actually purchased the..........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Agreement to sell -- Specific performance - Agreement voluntarily and consciously entered by defendant - Earnest money proved - Signature on agreement admitted by defendant - Readiness and willingness of plaintiff also proved - As regards fraudulent agreement made by plaintiff, in the absence of necessary details, as..........
KERALA HIGH COURT
Year of decision: 2013
Details
Specific Relief Act, 1963, Section 22-- Refund of earnest money - Agreement for sale of immovable property - Deficiency in extent of property found when buyer conducted survey of property on being suspicious of artificial clause in agreement regarding buyer's/plaintiff satisfaction with extent of property - Parties agreed to execute new..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Specific Relief Act, 1963, Section 34-- Allotment of plot - Auction sale - Absence of acceptance of bid - Held, plaintiff had not acquired any right in respect of plot in question merely because his bid amount was highest and he had deposited 20% of highest bid amount along with earnest money with Board - In absence of acceptance of bid..........
CHHATTISGARH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d), Transfer of Property Act, 1882, Section 53A-- Rejection of plaint - Suit for permanent injunction restraining vendor from dispossessing purchaser from suit property - Agreement of sale entered into and earnest money paid by purchaser - No claim of relief of specific performance of contract - No averment regarding fulfillment of conditions..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Specific Relief Act,1963,22 -- Agreement to sell - Refund of earnest money - No such prayer made either in original plaint or in amended plaint - Held, relief cannot be granted - Plaintiff can, at best, become entitled to refund of earnest money only on surrender of possession of suit property to defendants...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21(5)-- Amendment of plaint - Suit for specific performance - Earlier application filed seeking to implead subsequent buyer of property was allowed - Application for amendment has now been filed seeking alternative relief of refund of earnest money along with interest - Contention of petitioner/plaintiff..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Specific Relief Act, 1963, Section 28-- Specific performance - Suit for - Readiness and willingness - Proof - Almost entire sale consideration (about 97%) had been paid as earnest money and only Rs.1000/- were to be paid more - Held, it cannot be accepted that plaintiff was not having money to pay balance sale consideration or that he..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Specific Relief Act, 1963, Section 20-- State Financial Corporation Act, 1951, S.29 - Contract of sale - Suit for specific performance - Auction sale of assets of defaulting company by State Financial Corporation - Only earnest money deposited by the highest bidder - Property was agreed to be sold for 8.25 lakhs subject to compliance of..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Specific Relief Act, 1963, Section 20-- State Financial Corporation Act, 1951, S.29 - Contract of sale - Suit for specific performance - Auction sale of assets of defaulting company by State Financial Corporation - Only earnest money deposited by the highest bidder - Property was agreed to be sold for 8.25 lakhs subject to compliance of..........

Showing : 11-20 of 47 Results