Showing : 921-930 of 2321 Results

GAUHATI HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 1, Rule 9, 13, Specific Relief Act, 1963, Section 34-- Suit for declaration - Non-joinder of necessary parties - There was no issue of no, joinder of necessary parties - Point was not raised at the time of trial and no issue was framed thereof - Held, First appellate court would not consider it as a ground for dismissal of the judgment and decree..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Agreement to sell-- Specific performance - Ready and willing - S.16(c) Specific Relief Act postulates continuous readiness and willingness on the part of plaintiff and it is condition precedent for obtaining a decree of specific performance of a contract. (Specific Relief Act, 1963, S.16(c)...........
MADRAS HIGH COURT
Year of decision: 2012
Details
Specific Relief Act, 1963, Section 34-..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Agreement to sell-- Specific performance - Ready and willing - Pleading and proof - No specific phraseology or language is required to take such a plea - The provision of S.16(c) of The Specific Relief Act, 1963 does not require any specific phraseology but only that the plaintiff must aver that he has performed or..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 39, Rule 1,2, Specific Relief Act, 1963, Section 41(h)-- Temporary injunction - Suit for injunction not maintainable when plaintiff had equally efficacious remedy to seek specific performance but has not sought the said relief - Held, if suit for permanent injunction itself is not maintainable, then question of granting temporary injunction would not..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Punjab Village Common Lands (Regulation) Act, 1961, Section 13, Specific Relief Act, 1963, Section 37-- Permanent injunction - Gram Panchayat has been leasing out suit land to different persons - Plaintiffs also participated in auction for lease of suit land by Gram Panchayat - Said participation by plaintiffs would clearly indicate and demonstrate that they are not in possession of suit land as..........
KERALA HIGH COURT
Year of decision: 2012
Details
Specific Relief Act, 1963, Section 34-- Suit between spouses relating to property - Seeking declaration of title - Held, alternative relief u/s 34 of SRA can be claimed - Expression `any right as to property' employed in S.34 would not always mean vested right alone and it would include any right relating to any property. `(Para 9)..........
KERALA HIGH COURT
Year of decision: 2012
Details
Specific Relief Act, 1963, Section 34-- Alternative relief - When granted - Appeal impugning denial of main relief would not stand barred for said reason as he would still be a person aggrieved against that part of decree which declines main relief...........
KERALA HIGH COURT
Year of decision: 2012
Details
Specific Relief Act, 1963, Section 34-- Alternative relief - Dispute between spouse relating to property - Couple failed to adduce conclusive evidence substantiating their respective claims - Held, if evidence adduced by couple carry no exclusive evidence to come to conclusion regarding absolute and exclusive title and ownership of..........
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..........

Showing : 921-930 of 2321 Results