Showing : 71-80 of 916 Results

SUPREME COURT OF INDIA
Year of decision: 2010
Details
Specific Relief Act, 1963, Section 23-- Suit for specific performance - Where the agreement of sale contains only a provision for payment of damages or liquidated damages in case of breach and does not contain any provision for specific performance, the party in breach cannot contend that in view of specific provision for payment of..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Specific Relief Act, 1963, Section 23-- Suit for specific performance - Material on record showed that plaintiff committed breach - Thus in view of stipulation in the agreement earnest money stood forfeited - Plaintiff not entitled for the refund of earnest money...........
BOMBAY HIGH COURT
Year of decision: 2010
Details
Specific Relief Act, 1963, Section 37, 38, Civil Procedure Code, 1908, Order 21, Rule 32-- Decree for injunction - Decree is a decree in personam and it does not run with the land - However, decree for perpetual injunction can be executed U.O.21.R.32 CPC by attachment of property of J.D. or by detention in civil prison or by both...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Specific Relief Act, 1963, Section 41(4)-- Injunction suit - Alternative remedy - Remedy to file suit for specific performance of sale agreement accrued to the plaintiff - Plaintiff filed suit for injunction - Held, suit for injunction is barred u/s 41 (4) of the Act when equally efficacious remedy is available to the plaintiff to file..........
KERALA HIGH COURT
Year of decision: 2010
Details
Specific Relief Act, 1963, Section 34, Transfer of Property Act, 1882, Section 54-- Plaintiff asserted possession on the basis of oral sale - Held, oral sale is not recognized under law - Plaintiff deserves to be non suited even if there is evidence to show that she was in settled possession...........
ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Specific Relief Act, 1963, Section 20-- Specific performance - Relief of - Discretionary in nature - Court is not bound to grant such relief merely because it is lawful to do so - Grant of relief of specific performance is dependent upon principles of justice, equity and good conscious...........
ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Specific Relief Act, 1963, Section 20-- Specific performance - Exercise of discretion u/s 20 of the Act is ordinarily covered in the general issue as to what relief the plaintiff is entitled to in the suit...........
ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Specific Relief Act, 1963, Section 20-- Specific performance - Second appeal - Applicability or compliance of S.20 of the act is a pure legal question - Can be permitted to be raised for the first time in second appeal...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration and permanent injunction to restrain defendant from interfering in his possession - Death of defendant during pendency of suit - No pleading that the legal representatives also held threats of dispossession to the plaintiff - Held, relief of permanent injunction cannot be..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Specific Relief Act, 1963, Section 38-- Injunction suit - Determination of title - In a suit for relief of injunction simpliciter the question of determination of title does not arise - A reference to title, if at all, would be only in the limited context of understanding the claim of the respective parties in the suit schedule..........

Showing : 71-80 of 916 Results