Comment : In this case a person sold X (leasehold warehouse) to his friend. Later he cried misrepresentation and sought to steer clear of the transaction. Later at the stage of second appeal he took the […]
Tag: Specific Performance
Specific Performance – and rising real estate prices !
Mobile View Main Search Forums Advanced Search Disclaimer Cites 7 docs – [View All] Section 20 in The Indian Penal Code, 1860 The Indian Penal Code, 1860 G. Varalakshmi And Anr. vs G. Srinivasa Rao (Dead) And Anr. […]
Contract–Money deposited as earnest money–Breach committed by buyer-Right of seller to forfeit-Principles. Contract Act (9 of 1872), ss. 64 and 74-Scope of.
Supreme Court of India Shree Hanuman Cotton Mills & Ors vs Tata Air-Craft Ltd on 28 October, 1969 Equivalent citations: 1970 AIR 1986, 1970 SCR (3) 127 Bench: Vaidyialingam, C.A. PETITIONER: SHREE HANUMAN COTTON MILLS […]
Whether possession can be protected via theory of part performance even after time limit for specific performance has expired ? HELD YES
The preposition before Court is suppose A gets property from B under an agreement to sell, A has got possession and is ready to fulfil his obligations to fulfill the transaction, but B is not […]
Specific Performance of an Agreement vitiated by Fraud/Undue Influence.
Comment : In this case the plaintiff sought specific performance on the basis of an agreement to sell. defendant pleaded that the same was voidable on the ground of fraud and undue influence and was […]
Grant of Mandatory Injunction – Factors
Supreme Court of India Makers Devt.Services P.Ltd. vs M. Visvesvaraya Indusl.Res.& … on 14 November, 2011 Suit for Specific Performance filed by Plaintiff – Pending Suit, Plaintiff sought for interim injunction restraining Defendant dealing with suit property […]
Specific Performance of an Agreement executed by Vendor alone
Supreme Court of India Alka Bose vs Parmatma Devi & Ors. on 17 December, 2008 Author: P Sathasivam Bench: R.V. Raveendran, P. Sathasivam SUPREME COURT OF INDIA RECORD OF PROCEEDINGS CIVIL APPEAL NO(s). 6197 OF […]
Declaration as to illegal termination
Comment : In this case the court held that a declaration that a termination of a professor was illegal and he remained in service, was tantamount to ordering specific performance of a contract based on personal […]
Specific Performance against co-ownersS
Comment : In this case the court was faced with the question “whether application for leave to amend be allowed or not “? The Court reiterating that laws of procedure are meant to subserve justice and […]
Delhi High Court on the law of Specific Performance
Comment : The Court in this case was dealing with a case for specific performance. The Court dismissed the plea holding : i) Vendee failed to prove his readiness (financial capacity) and willingness (desire) at the […]