Showing : 161-170 of 171 Results

KARNATAKA HIGH COURT
Year of decision: 1990
Details
Specific Relief Act, 1963, Section 20-- Denial of specific performance - Hardship can be taken into consideration when it is not foreseen by the party and is collateral to the contract - However, mere rise in price subsequent to the contract or inadequacy of price does not amount to hardship...........
SUPREME COURT OF INDIA
Year of decision: 1990
Details
Specific Relief Act, 1963, Section 9, 20, Contract Act, 1872, Section 2(h), 7, 10, 13-- Agreement to sell - Specific performance - Contract of which performance is sought should be clear & enforceable - defendant is entitled to take plea in defence that contract is uncertain in its terms...........
MADRAS HIGH COURT
Year of decision: 1989
Details
Contract Act, 1872, Section 2, Specific Relief Act, 1963, Section 20(4)-- Agreement to sell - Signed by seller only - Cannot be challenged for want of mutuality...........
ANDHRA PRADESH HIGH COURT
Year of decision: 1989
Details
Specific Relief Act, 1963, Section 20, 22-- Agreement of sale-Suit for specific performance-Contract and advance payment admitted-No breach of contract-No laches on the part of the purchaser-No reasons to decline the relief-Suit decreed...........
ANDHRA PRADESH HIGH COURT
Year of decision: 1989
Details
Specific Relief Act, 1963, Section 20, 22, Easement Act, 1882, Section 28-- Agreement of sale-Specific performance-Easement of necessity cannot be established in a suit for specific performance-Even if established, contract will not be invalid-A separate suit can be filed for declaration of easement of necessity...........
ANDHRA PRADESH HIGH COURT
Year of decision: 1989
Details
Transfer of Property Act, 1882, Section 54, 55, Specific Relief Act, 1963, Section 20-- Mortgage of house suppressed when agreement of sale was executed-Purchase can redeem the mortgage from out of the balance sale consideration and pay the remaining amount at the time of registration of sale deed...........
KERALA HIGH COURT
Year of decision: 1989
Details
Specific Relief Act, 1963, Section 20-- Jurisdiction to decree specific performance is discretionary - Court is not bound to grant such relief merely because it is lawful to do so...........
CALCUTTA HIGH COURT
Year of decision: 1988
Details
Contract Act, 1872, Section 56, Specific Relief Act, 1963, Section 20-- Agreement of sale - Subsequent legislation making performance impossible - contract is void - Specific performance of agreement cannot be granted...........
SUPREME COURT OF INDIA
Year of decision: 1987
Details
Limitation Act, 1963, Article 64, Specific Relief Act, 1963, Section 20, 23-- Suit for specific performance of agreement to sell - Question of limitation undecided by High Court - Held, amounts to error in exercise of discretion to refuse relief - case remanded...........
GUJARAT HIGH COURT
Year of decision: 0007
Details
Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 20-- Decree for specific performance - Concurrent findings of courts below - High Court can interfere in second appeal if discretion in granting the relief of specific performance is not sound and reasonable and is not guided by judicial principles...........

Showing : 161-170 of 171 Results