Showing : 991-1000 of 2321 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
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..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
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...........
PATNA HIGH COURT
Year of decision: 2011
Details
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..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2011
Details
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 date..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
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...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
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..........
MADHYA PRADESH HIGH COURT
Year of decision: 2011
Details
Specific Relief Act, 1963, Section 38-- Coparcenary property - Suit for injunction - Held, coparceners are jointly holding entire house - There cannot be any injunction against them because law is well settled that on every inch of coparcenary property, each coparcener is having equal share and it shall be deemed that possession of one..........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 21, Rule 97, 103, Specific Relief Act, 1963, Section 6(3)-- Decree for possession - Execution proceedings - Order passed therein - Appeal thereagainst - Maintainability - Held, an appeal against a decree or order passed in execution of a decree in a suit u/s 6(1) will be barred by S.6(3) of the Act - Therefore, if an appeal is not maintainable against the..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Specific Relief Act, 1963, Section 37, 38-- Permanent injunction - Grant of - Plaintiff holds the lease in perpetuity for the property in dispute - Lease was not cancelled - Held, plaintiff is entitled to permanent injunction...........
KARNATAKA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21(5)-- Plaint - Amendment - Suit for specific performance - Alternative relief - Plaintiff is seeking by way of amendment of plaint, alternative relief of compensation in case Court were to come to the conclusion that relief of specific performance could not be granted - Court below while allowing the..........

Showing : 991-1000 of 2321 Results