CPC O. 39 R. 1, 2 – Mandatory injunction on interlocutory applications – Relief of – Guidelines
Civil Procedure Code, 1908 (V of 1908), S. 94, 151, Order 39 , R. 1, 2 — Mandatory injunction on...
DORAB CAWASJI WARDEN v. COMMI SORAB WARDEN, 1990 PLRonline 0002
1990 PLRonline 0002Download SUPREME COURT Present:—Mr. Justice L.M. Sharma and Mr, Justice V. Ramaswami DORAB CAWASJI WARDEN versus COMMI SORAB...
Specific Relief Act, 1963 S. 20 – whether it is appropriate to direct specific performance of a contract relating to the transfer of immovable property, especially given the efflux of time and the escalation of prices of property
Specific Relief Act 1963, S. 20 - Remedy for specific performance is an equitable remedy and Section 20 of the...
Specific Relief Act 1963, S. 20 – Suit for specific performance of a contract regarding the sale of immovable property – Relief – Time factor
Specific Relief Act 1963, S. 20 - Suit for specific performance of a contract regarding the sale of immovable property...
Specific Relief Act 1963, S. 16 – ‘readiness’ – Burden of proof – Buyer must prove that he is ready and willing to perform the contract
Specific Relief Act 1963, S. 16 - 'readiness' - Burden of proof - First appellate court shifted the burden on...
Specific Relief Act 1963, S. 16 – ‘readiness’ – Balance consideration – The buyer did not lead any evidence to indicate that during the period the contract was to be executed, he had the money to pay the balance consideration
Specific Relief Act 1963, S. 16 - 'readiness' - Balance consideration - The buyer did not lead any evidence to...
Specific Relief Act 1963, S. 16 – ‘readiness’ – The ‘readiness’ of the buyer to perform his obligations refers to whether he was financially capable of paying the balance consideration.
Specific Relief Act 1963, S. 16 - 'readiness' - The 'readiness' of the buyer to perform his obligations refers to...
Specific Relief Act 1963, S. 16 – Conduct of buyer – Delay of about three years from the date fixed for performance of the contract in filing a suit
Specific Relief Act 1963, S. 16 - Conduct of buyer - Delay of about three years from the date fixed...
SRA S. 16 – Conduct of buyer – Throughout the sale transaction – Merely averring that he was waiting with the balance consideration and believed that the appellants would clear the encumbrance is insufficient to prove that the respondent-plaintiff was willing to perform his obligations under the contract
Specific Relief Act 1963, S. 16 - Conduct of buyer - Throughout the sale transaction - Merely averring that he...
SRA S. 16 – Willingness to pay – Mortgage – Encumberance – Discharge of – Non payment by the seller on account of Mortgage
Specific Relief Act 1963, S. 16 - Willingness to pay - Mortgage – Encumberance - Discharge of - Non payment...
SRA S. 16 – Trial court merely adverted to “document produced on behalf of the plaintiff” and concluded that he had sufficient means to purchase the suit property – Court failed to analyse – Set aside.
Specific Relief Act 1963, S. 16 - 'ready and willing' - The foundation of a suit for specific performance lies...
SRA S. 16 – Non framing of issue – Affect of
Specific Relief Act 1963, S. 16 - 'ready and willing' - Non framing of issue - All the three courts,...
SRA S. 16 – Financial capacity – Conduct throughout the transaction
Specific Relief Act 1963, S. 16 - Financial capacity - Conduct throughout the transaction
SHENBAGAM v. KK RATHINAVEL, (2022-1)205 PLR 335 (SC), 2022 SCeJ 0137
SUPREME COURT OF INDIA Before: Justice Dr. Dhananjaya Y. Chandrachud and Justice AS. Bopanna. SHENBAGAM & Ors – Appellants, Versus...
Arunachala Gounder v. Ponnuswamy, (2022-1)205 PLR 407 (SC), 2022 SCeJ 0152
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