Showing : 71-80 of 939 Results

SUPREME COURT OF INDIA
Year of decision: 2010
Details
Specific Relief Act, 1963, Section 16(c)-- Ready and willing - Words 'ready' and 'willing' imply that the person was prepared to carry out the terms of the contact - Distinction between the two is that the former refers to financial capacity and the latter to the conduct of the plaintiff wanting performance - Generally, readiness is backed..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Specific Relief Act, 1963, Section 16(c)-- Ready and willing - In a suit for specific performance plaintiff must allege and prove a continuous readiness and willingness to perform the contract on his part from the date of the contract - Onus to prove is on the plaintiff - Readiness and willingness must be established throughout the..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Specific Relief Act, 1963, Section 16(c)-- Ready and willing - Specific assertion in plaint - Sufficient cash and sufficient funds in FDR and Savings Account to execute the sale deed - Held, plaintiff has proved his readiness and willingness...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Specific Relief Act, 1963, Section 56, 81-- Doctrine of marshalling - Distinction between Ss.56 & 81 of TPA - S.56 deals with the concept of marshalling in a transaction involved in subsequent sale, on the other hand, S.81 is applicable only to mortgages...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Specific Relief Act, 1963, Section 56-- Doctrine of marshalling - Rests upon the principle that a creditor who has the means of satisfying his debt out of several funds shall not, by the exercise of his right, prejudice another creditor whose security comprises only one of the funds...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Specific Relief Act, 1963, Section 17-- Agreement to sell - Impediment for enforcement - Plea of plaintiff that defendant has no title to sell the property - Defence raised by defendant in his written statement is one of the defences available to him - By itself does not give rise to a situation to enable plaintiff to overcome his..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Specific Relief Act, 1963, Section 20-- Agreement to sell - Suit for specific performance - Relief of specific performance - Plaintiff failed to pay installments as stipulated in the agreement - Plaintiff issued notice repudiating suit agreement - Decree of trial Court granting relief of specific performance, set aside...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 41, Rule 22, Civil Procedure Code, 1908, Section , Order 20, Rule 12, Specific Relief Act, 1963, Section 16, 20-- Agreement to sell - Suit for specific performance - Counter claim - Plaintiff put in possession two months prior to execution of agreement to sell - Possession of plaintiff at the time of entry was permissive but is that of trespasser by issue of quit notice by defendant - Defendant is entitled to..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Limitation Act, 1963, Section 54, Specific Relief Act, 1963, Section 16, 20-- Suit for specific performance - Limitation - Last instalment of balance sale consideration payable on 31.7.1992 - Draft sale was to be presented for registration before the said date - Time fixed for performance is thus 31.7.1992 - Held, first part of Art.54 Limitation Act applies - Second part of..........
KERALA HIGH COURT
Year of decision: 2010
Details
Specific Relief Act, 1963, Section 31(2), Civil Procedure Code, 1908, Section 16, 17, 20-- S.31(2) of Specific Relief Act does not determine the territorial jurisdiction of Court - It is not a provision conferring statutory power on any Court...........

Showing : 71-80 of 939 Results