Showing : 91-100 of 1601 Results

DELHI HIGH COURT
Year of decision: 2018
Details
Limitation Act, 1963, Section 14-- Condonation of delay - Suit for specific performance - Earlier suit for possession was permitted to be withdrawn by Supreme Court and simultaneously permission granted to file suit for specific performance - Jurisdiction of Court was never in doubt or under challenge - It was conscious option of..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 114-- Adverse inference - Suit for specific performance - Plaintiff could not even recall the name of attestors and was referring to notes made on his hand, which was later confirmed by ministerial staff - Adverse inference rightly drawn against plaintiff that plaintiff is capable of going to any level..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Agreement executed only as security for loan taken by defendant - It was never intended to be acted upon and there was no intention to sell property - Even plaintiff was aware of the fact that more than one person was owner of property and he had entered into an agreement..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of third party - Suit for specific performance - Defendants after execution of agreement to sell in favour of plaintiff created equitable mortgage in favour of respondent No.3 - Respondent No.3 is not claiming any independent rights - Presence of respondent No.3 is necessary in order..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 100-- Second appeal by transferee pendente lite - Maintainability - Suit for specific performance - Purchasers pendente lite, who have not come on record either in suit or during first appeal, have no right to file second appeal independently, in spite of Second appeal filed by their vendor is pending -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Time as essence of contract - Recitals in agreement reveals that parties prepared agreement in the form of a family settlement with clear intention that they would be able to transfer ownership of property in question by way of this agreement - Entire sale consideration was..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 8, Rule 6A-- Counter claim - Suit for specific performance - Once property was sold by defendant to a third party and if third party had benefited or gained substantially, thereby, it is not open to defendant to make a complaint at a later point of time to say that he is entitled to file a `Counter claim',..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Plea that suit is not maintainable without seeking declaration of cancellation/termination of contract - Plea not tenable in absence of such a pleading - Had the defendants taken this objection at the first instance, while filing written statement, plaintiff would get an..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Three agreements - When more than one agreement to sell are executed between same parties and cause of action to file suit for specific performance is same, plaintiff is entitled to file a single suit for possession by way of specific performance...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - At the instance of subsequent purchaser - Maintainability - Suit for specific performance - All grounds in defence to suit for specific performance are open to a subsequent purchaser impleaded as defendant - Second appeal at the instance of subsequent purchaser is maintainable...........

Showing : 91-100 of 1601 Results