Showing : 61-70 of 1666 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Hindu Minority and Guardianship Act, 1956, Section 8-- Property of minor - Agreement to sell by mother - Suit filed by minor for symbolic possession by way of specific performance - Agreement to sell does not by itself create any interest in or charge on property - Same thus, not fall within meaning of word `otherwise', which requires previous..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 22, Rule 4-- Death of defendant - Substitution of LRs - Suit for specific performance - If out of all the LRs, majority of them are already on record and they contested the case on merits, it is not necessary to bring other LRs on record - Reason is that estate and interest of deceased devolve on LR is..........
KARNATAKA HIGH COURT
Year of decision: 2019
Details
Agreement to sell-- Specific performance - Unregistered agreement to sell - There is no prohibition under proviso to S.49 of Registration Act for receiving an unregistered document as evidence of contract in a suit for specific performance. (Registration Act, 1908, Ss.17(1-A), 49)...........
KERALA HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 22-- Decree of specific performance - Delivery of possession - Decree for specific performance of immovable property can be executed for getting delivery of property from the party to the suit or from any person litigating under them and it cannot be executed for getting possession of property from a..........
GAUHATI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex-parte decree - Setting aside - Suit for specific performance - In the absence of any evidence, bald insinuations made by appellants and their predecessor-i, interest against previous advocate does not constitute a ground to vacate ex-parte decree...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Barred by limitation - Suit for specific performance - From a reading of averments in plaint, it cannot be said that suit is barred by limitation - Issue as to when plaintiff had noticed refusal is an issue which can be adjudicated after trial - Application dismissed...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Relief of specific performance not granted - Suit not filed immediately after marking presence before Sub Registrar or few months thereafter and allowed creation of third party rights after two years - Even sale deeds not challenged - Plea that defendants not able to prove..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Readiness and willingness - Plaintiff failed to prove his presence before office of Sub-Registrar on stipulated date - Readiness and willingness on the part of plaintiff not proved - Dismissal of suit despite admission of vendors with regard to execution of agreement to..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 1, Rule 10(2)-- Impleadment of LRs of deceased defendant - Suit for specific performance - L.R's already on record and they adopted the written statement filed by their father - L.R's now seeking impleadment in their own right - Merely because L.R's had adopted written statement of deceased defendant No.1 is not..........
KARNATAKA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Specific Relief Act, 1963, Section 34-- Rejection of plaint - Suit for declaration and permanent injunction that sale deed executed by defendant Nos.1 to 6 in favour of defendant No.7 is not binding on plaintiff and restraining defendants from alienating or encumbering or creating third party rights - Plaintiff in possession on the..........

Showing : 61-70 of 1666 Results