Cancellation of Transaction on account of Frustration !

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 plea of frustration as he himself was a lessee of the land and could not have sold - the court … Continue reading Cancellation of Transaction on account of Frustration !

Specific Performance – and rising real estate prices !

Mobile ViewMain Search Forums Advanced Search DisclaimerCites 7 docs - [View All]Section 20 in The Indian Penal Code, 1860The Indian Penal Code, 1860G. Varalakshmi And Anr. vs G. Srinivasa Rao (Dead) And Anr. on 6 August, 2009Hindustan Construction Co. Ltd. vs National Highways Authority Of ... on 25 March, 1997The Specific Relief Act, 1963Blog Links  powered byUser Queriesspecific relief … Continue reading Specific Performance – and rising real estate prices !

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 IndiaShree Hanuman Cotton Mills & Ors vs Tata Air-Craft Ltd on 28 October, 1969Equivalent citations: 1970 AIR 1986, 1970 SCR (3) 127Bench: Vaidyialingam, C.A.PETITIONER:SHREE HANUMAN COTTON MILLS & ORS.Vs.RESPONDENT:TATA AIR-CRAFT LTD.DATE OF JUDGMENT:28/10/1969BENCH:VAIDYIALINGAM, C.A.BENCH:VAIDYIALINGAM, C.A.SHELAT, J.M.DUA, I.D.CITATION:1970 AIR 1986 1970 SCR (3) 1271969 SCC (3) 522ACT:Contract--Money deposited as earnest money--Breach committed by … Continue reading 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.

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 similarly enthusiastic about it. The agreement to sell is not registered - in such a situation A by virtue of … Continue reading Whether possession can be protected via theory of part performance even after time limit for specific performance has expired ? HELD YES

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 not meant to be acted upon and only meant as a security for repayment of debt. Court held mischief of … Continue reading Specific Performance of an Agreement vitiated by Fraud/Undue Influence.

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 and to permit Plaintiff to put up further construction – Interim relief to permit further construction sought by Plaintiff, if granted, … Continue reading Grant of Mandatory Injunction – Factors

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 2000 ALKA BOSE Appellant (s) VERSUS PARMATMA DEVI & ORS. Respondent(s) Date: 17/12/2008 This Appeal was called on for judgment … Continue reading Specific Performance of an Agreement executed by Vendor alone

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 volition/qualification.  Supreme Court of India Dr. S. B. Dutt vs University Of Delhi on 3 September, 1958 Equivalent citations: 1958 … Continue reading Declaration as to illegal termination

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 not to frustrate it over hair-splitting technicalities . The factual matrix was A entered into an agreement to Sell Black … Continue reading Specific Performance against co-ownersS

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 time when agreement was to be performed. The Court refused to act at the ipse dixit of the Plaintiff when he, … Continue reading Delhi High Court on the law of Specific Performance