Showing : 1-10 of 77 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell-- Specific performance - Plea of undue hardship - Plea not raised in written statement - Such plea thus, cannot be permitted to be raised now before Supreme Court in appeal...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell-- Specific performance - Readiness and willingness - Pleading and proof - Requirement of necessary averment in plaint - Mere want of objection by defendant in written statement is hardly of any effect or consequence...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Readiness and willingness - Financial capacity of buyer - Mere oral assertion in evidence cannot be solely relied upon by Court to record finding that plaintiff was having sufficient funds available with him on the date of agreement to sell, particularly, when only defence..........
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..........
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..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 1, Rule 10(2)-- Impleadment of a party - Suit for specific performance and permanent injunction - Plaintiff entered into development agreement with defendant along with other joint owners - There was family settlement cum partition deed between co-owners of property which includes defendant and proposed..........
KERALA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - To seek relief of specific performance by way of counter claim on the basis of agreement to sell - Agreement to sell in favour of defendant executed by original owner in 1983 - Amendment sought in 2015, when defendant came to know about the death of original owner..........
KARNATAKA HIGH COURT
Year of decision: 2017
Details
Agreement to sell-- Specific performance - Readiness and willingness - Defendant received part consideration on the very same day of execution of agreement and additional amount within 3 months from date of such agreement - Plaintiff always ready and willing to perform her part of contract, as she repeatedly..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 14, Rule 2-- Preliminary issue - Suit for specific performance - Plea regarding maintainability of suit - Plea is required to be raised in first instance in the pleading (written statement) then only such plea can be adjudicated by trial Court on its merits as a preliminary issue U.O.14.R.2 CPC - Having not..........
HYDERABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 14, Rule 3, 5-- Framing of additional issues - Issue as to rectification of survey number - Suit for specific performance - No objection raised by defendants in their written statement with regard to said relief - In such situation, it is not open for defendants to contend that Court below has not properly framed..........

Showing : 1-10 of 77 Results