Showing : 61-70 of 1601 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Suit for specific performance - Relief of specific performance declined - Refund of earnest money - Cannot be granted unless specifically claimed. (Specific Relief Act, 1963, S.22)..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Transfer of Property Act, 1882, Section 60-- Suit for possession by way of redemption of mortgage - Maintainability - Once sale deed is executed in favour of defendants pursuant to decree for possession by way of specific performance of agreement to sell, mortgage created by original owner in favour of mortgagees comes to an end - Defendants..........
KERALA HIGH COURT
Year of decision: 2018
Details
Transfer of Property Act, 1882, Section 55(6)(b)-- Right of buyer - Charge on seller's interest - Agreement to sell - Suit for specific performance - Agreement in question amounted to a loan transaction - There is thus, no buyer seller relationship between parties - Provision of S.55(6)(b) of the Act held, cannot be invoked...........
MADHYA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Suit for specific performance - Whether time is essence of contract of sale is a question of fact and can be addressed by trial Court after parties lead evidence - Such question cannot be dealt with in an application U.O.7.R.11(d) CPC - Application rightly rejected...........
MADHYA PRADESH HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Suit for specific performance - Time essence of contract - When plaintiff pleads that time was not of essence and defendant does not deny it by evidence, Court is bound to accept the plea of plaintiff. (Contract Act, 1872, S.55)..........
MADHYA PRADESH HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Suit for specific performance - Time essence of contract - It is a question of fact and real test is intention of parties - It depends upon facts and circumstance of each case - Intention can be ascertained from: (i) express words used in contract; (ii) nature of property which forms the..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 45-- Expert opinion - Comparison of signatures - Contract of sale - Suit for specific performance - Plaintiff is making a request to send vakalat and written statement containing signatures of defendant and also contract of sale said to be containing signatures of defendant to an expert - It is not for..........
GUJARAT HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 37, 38-- Suit for injunction - Entire suit based on an agreement to sell - No prayer for grant of specific performance - In the absence of main relief, i.e. specific performance of contract, no ancillary relief in the form of an injunction can be granted...........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Agreement to reconveyance-- Unregistered - Suit for specific performance - Sale deed executed and on the same day agreement of repurchase executed - Suit for specific performance of an unregistered agreement of repurchase is maintainable...........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Agreement to reconveyance-- Suit for specific performance - Time essence of contract - Legal position as to time essence of contract as regards agreement of sale and agreement of reconveyance is totally different - In case of agreement of sale it may or it may not be an essence of contract but in case of agreement of..........

Showing : 61-70 of 1601 Results