Search Results for "specific performance"

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Search Results for "specific performance"

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Supreme Court

Supreme Court Allows Appellants in Specific Performance Suit by Reversing High Court Division Bench Judgment. Agreements and Memoranda of Understanding Interpreted Together as Supplementary, with Appellants Found Ready and Willing to Perform Contract Under Specific Relief Act, 1963.

9 Apr 2021

The dispute arose from four suits filed by the Appellants for specific performance of agreements of sale dated 20.03.1991 and memoranda of understandi...

Supreme Court

Supreme Court Dismisses Special Leave Petition Challenging High Court's Setting Aside of Ex Parte Decree in Specific Performance Suit. High Court's Intervention Under Article 227 Upheld as Ex Parte Decree Was Nullity Due to Non-Appointment of Guardian for Minor Defendant Under Order XXXII Rule 3 CPC, Despite Defendants' Negligence and Delay.

16 Jul 2021

The dispute originated from a suit for specific performance of a sale agreement, where the plaintiffs obtained an ex parte decree against the defendan...

Supreme Court

Supreme Court Dismisses Appeals in Land Title and Specific Performance Dispute, Upholding High Court's Reversal of First Appellate Court Decree. High Court Correctly Exercised Jurisdiction Under Section 100 CPC by Framing Substantial Question of Law on Genuineness of Agreement to Sell and Examining Document Under Section 73 Evidence Act, 1872.

9 Sep 2021

The dispute arose from two civil suits concerning land transactions in Karnataka. The respondent, as plaintiff in the first suit (OS No.20/1985), soug...

Supreme Court

Supreme Court Allows Appeal Against High Court's Dismissal of Second Appeal as Time-Barred, Condoning Delay of 650 Days in Specific Performance Suit. The Court held that the High Court erred in rejecting the condonation application without proper enquiry into the appellant's explanation of non-service of notice due to address change, applying a liberal approach under Section 5 of the Limitation Act, 1963.

8 Oct 2021

The dispute originated from a suit for specific performance of an agreement to sell dated 18.2.1998 concerning agricultural land. The trial court part...

Supreme Court

Supreme Court Dismisses Appeal in Civil Revision Petition Against Eviction Decree on Admission Under Order XII Rule 6 CPC. The Court upheld the High Court's order, finding that the defendants' written statement contained admissions of plaintiff's ownership and tenancy, warranting a decree under Order XII Rule 6 of the Code of Civil Procedure, 1908, despite a pending suit for specific performance.

4 Oct 2021

The dispute originated from a civil suit filed by the respondent (original plaintiff) against the appellants (original defendants) for possession, man...

Supreme Court

Supreme Court Allows Appeal in Stamp Duty Dispute Over Agreement to Sell. The court quashed orders directing payment of deficient stamp duty under Entry No. 5 of Schedule 1-A of the Indian Stamp Act, 1899 as amended by the State of Punjab, holding that possession was not delivered under the agreements as per recitals.

16 Sep 2022

The dispute arose from a civil suit for specific performance of a Memorandum of Agreement dated 24.02.1996 and an agreement to sell dated 14.05.2011 c...

Supreme Court

Supreme Court Allows Appeal in Specific Performance Suit — Karta's Authority to Sell Joint Hindu Family Property Upheld. The Court held that a Karta can execute an agreement to sell joint family property without consent of other coparceners if supported by legal necessity, and the absence of their signatures does not invalidate the transaction.

12 Oct 2021

The Supreme Court allowed the appeal filed by Beereddy Dasaratharami Reddy against the judgment of the Karnataka High Court which had dismissed his su...

Supreme Court

Supreme Court Allows Appeal in Part and Remands Case to High Court for Fresh Disposal of Appeal Without Considering Application for Additional Evidence. The High Court's dismissal of the first appeal without deciding the application under Order 41 Rule 27 CPC was held to be improper, and the matter was remitted for fresh consideration.

6 Dec 2021

The appellant, Satish Chand Surana, was the plaintiff in Civil Suit No.30A/2017 before the First Additional District Judge, Balode, seeking specific p...

Supreme Court

Supreme Court Sets Aside Contempt Conviction of Purchaser in Specific Performance Suit — Lack of Knowledge of Injunction and Vendor's Acquittal Lead to Acquittal. Purchaser Cannot Be Held in Contempt When Vendor Exonerated and No Evidence of Knowledge of Interim Order Under Order XXXIX Rule 2(a) CPC.

22 Jan 2019

The Supreme Court allowed an appeal against a High Court order affirming the Executing Court's finding of contempt against the appellant, Ramasamy, fo...

Supreme Court

Supreme Court Dismisses Appeal in Specific Performance Case Due to Concurrent Findings of Fact. Plaintiff Failed to Prove Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963.

7 Jan 2019

The appellant, Kamal Kumar, filed a civil suit against Premlata Joshi and others seeking specific performance of a contract for sale of suit land. The...

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