Agreement to sell -- Specific performance - Readiness and willingness - No failure on part of plaintiff to perform his part of contract - Defendants on the other hand, without following conditions mentioned in agreement to sell, has chosen to issue a feigned legal notice, which itself is frivolous - There is no mistake nor failure on part of plaintiff - Plaintiff always..........
Injunction -- Discretionary and equitable relief of injunction - Should not be granted to a trespasser with respect to public land...........
Agreement to sell -- Specific performance - Seller cannot take advantage of his own wrong and then plead that grant of decree of specific performance would be inequitable - Escalation of prices cannot be a ground for denying the relief of specific performance - Specific performance is an equitable relief and granting the relief is the discretion of the court - Discretion..........
Agreement to sell -- Specific performance - Equitable relief - Escalation of prices cannot be ground for denying relief of specific performance - Specific performance is equitable relief and granting such relief is discretion of Court. (Specific Relief Act, 1963, S.20)..........
Agreement to sell -- Specific performance - Equitable relief - Execution of contract made subject to satisfactory survey which is binding obligation upon seller - However, seller failed to perform his part of obligation to satisfaction of buyer - Buyer on other hand was ready and willing to perform his part of contract - Moreover, it is seller who always tried to wriggle..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Finding of sufficient cause for restoration - It is just and equitable to conclude that there was sufficient cause for condonation of delay, if any...........
Agreement to sell -- Specific performance - Stipulation of 6 months for completion of sale deed - Conduct of plaintiff in asserting his right belatedly after more than two years - Does not entitle him to seek equitable relief of specific performance...........
Examination -- Printing error or error of framing questions - To resolve the issue to provide equal treatment to all the candidates in a most equitable manner it adopted the methodology to grant the entire marks for the questions to each candidates so that there would be no discrimination for the said purpose as for the said purpose opinions of two experts bodies were..........
Agreement to sell -- Specific performance - Plaintiff coming to Court with unclean hands - Plaintiff not entitled to any equitable relief...........
Agreement to sell -- Specific performance - Act and conduct - Suit filed on the date specified for registration of sale deed - Plaintiff did not comply with the terms of contract and rushed to the Court post haste - Equitable relief of specific performance can be denied by reading some dubiety, down into the conduct of plaintiff - Relief of specific performance rightly..........
