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Tag: Specific Performance

Specific Performance of Contract and Damages – In long-standing property disputes where specific performance is no longer feasible, by awarding substantial damages, the court has recognized the significant time lapse and the consequent change in the property’s value, ensuring fair compensation to the respondent for the prolonged wait and legal battle.(2023-4)212 PLR 286 (SC)

Specific Performance of Contract and Damages 1. Nature of Suit: The case involved a suit for specific performance of a ...

CPC O. 7 R. 11 – Power is limited to rejection of the plaint as a whole or not at all – It is impermissible to reject the plaint only against one of the defendants – Sarfaesi. [PLRonline #348208]

Full Judgment with detailed headnotes access for Premium Subscribers only (Click to subscribe ) 2019 SCeJ 837, (2019-3)195 P.L.R. 230 ...

CPC O. 1 R. 10 – Necessary and Proper parties – Necessary parties in a suit for specific performance of a contract for sale – Adding a party to a suit under Order 1, Rule 10 CPC is only permissible if the proposed party has a direct and legal interest in the controversy – Plaintiff is the “dominus litus,” meaning the master of the litigation . [PLRonline 213801]

. 2005 SupremeCourtOnline 0102 (SC) . SUPREME COURT OF INDIA Before:- Justice N. Santosh Hegde, Justice Tarun Chatterjee and Justice ...

Court Fee Act S. 16 – CPC S. 89 – Specific Relief Act S. 38 – Emphasize the legislature’s effort to settle cases through alternative dispute resolution mechanisms – Settlement – Refund of court fees even if not asked for. [PLRonline 318802 (P&H)]

2015 PLRonline 0207 (P&H) PUNJAB AND HARYANA HIGH COURT Before:- Justice Bharat Bhushan Parsoon. Pradeep Sonawat - Petitioner Versus Satish ...

Specific Relief Act S. 13 – This right of the plaintiff is secured by Section 13 of the Act which entitles the plaintiff to ask the vendor to clear his title; if he does not have the requisite title; to pass on to the vendee. [PLRonline 311090]

LogIn to download judgment and Full headnote / PLRonline 311090 Lokesh v. Rameshwar Tyagi , 2017 PLRonline 9000 Punjab and ...

Postal receipt not containing the address of the addressee – Not a valid service – Specific Relief Act, S. 14 , 27, 31 – Unilateral cancellation of an agreement to sell by one party is not allowed, except in certain cases. [PLRonline 417002]

LogIn to download judgment and Full headnote / PLRonline 417002 Brahm Dutt v. Sarabjit Singh, 2017 PLRonline 0206 The production ...

Agreement to Sell – Signed only by the vendor and not purchaser – Valid. [SupremeCourtOnline 211102]

Suit for specific performance – Conduct of the appellants shows their real intentions, as immediately after the stipulated date i.e 30.4.2009, they issued notice on 1.5.2009 , terminating the agreement to sell in question without giving an opportunity to him to perform his part of the contract by extending time . [2014 PLRonline 0207]

The suit for specific performance involves the termination of an agreement to sell without giving the other party an opportunity ...

CPC O. 21 – Decree – If amount is deposited, or paid to decree holder or person entitled to it, the person entitled to the amount cannot later seek interest on it – If dep[opsited in court mandatorily should be deposited in a bank

202 PLRonline 436600 2023 SCeJ 0025 SUPREME COURT OF INDIA Before: Justice M.R. Shah, Justice S. Ravindra Bhat. K. L. ...

CPC O. 6 R. 17 – Court must not refuse bona fide, legitimate, honest and necessary amendments and should never permit mala fide and dishonest amendments

CPC O. 6 R. 17 - While deciding the application for amendment ordinarily the court must not refuse bona fide, ...

CPC O. 6 R. 17 – ‘due diligence’ – Fault of lawyer

CPC, 1908, O. 6 R. 17 - Amendment of written statement – 'due diligence' - Amendment application filed after commencement ...

Sarita Devi v. Sultan Singh, (2021-3)203 PLR 368

Specific performance – Plaintiff has to prove that all along and till the final decision of the suit, he was ready and willing to perform his part of the contract – Circumstances including availability of funds and mere statement or averment in plaint of readiness and willingness, would not suffice.

U.N. Krishnamurthy (Since Deceased) Thr. Lrs. v. A. M. Krishnamurthy, 2022 SCeJ 1384, 2022 PLRonline 1495503

Specific Relief Act S. 22(2) – Purchaser pendente lite – expression “in an appropriate case”.

Specific Relief Act, 1963, Section 22(2) - Purchaser pendente lite - expression “in an appropriate case” “11. Section 22 enacts ...

Babu Lal v. M/s. Hazari Lal Kishori Lal, 1982 PLRonline 0105 (SC)

PLR PLRonline 1982 PLRonline 0105 SUPREME COURT OF INDIA (A. P. SEN,J. and R. B. MISRA,J.) Babu Lal v. M/s. ...

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Tag: Specific Performance

CPC O. 7 R. 11 – Power is limited to rejection of the plaint as a whole or not at all – It is impermissible to reject the plaint only against one of the defendants – Sarfaesi. [PLRonline #348208]

Court Fee Act S. 16 – CPC S. 89 – Specific Relief Act S. 38 – Emphasize the legislature’s effort to settle cases through alternative dispute resolution mechanisms – Settlement – Refund of court fees even if not asked for. [PLRonline 318802 (P&H)]

Specific Relief Act S. 13 – This right of the plaintiff is secured by Section 13 of the Act which entitles the plaintiff to ask the vendor to clear his title; if he does not have the requisite title; to pass on to the vendee. [PLRonline 311090]

Postal receipt not containing the address of the addressee – Not a valid service – Specific Relief Act, S. 14 , 27, 31 – Unilateral cancellation of an agreement to sell by one party is not allowed, except in certain cases. [PLRonline 417002]

Agreement to Sell – Signed only by the vendor and not purchaser – Valid. [SupremeCourtOnline 211102]

CPC O. 21 – Decree – If amount is deposited, or paid to decree holder or person entitled to it, the person entitled to the amount cannot later seek interest on it – If dep[opsited in court mandatorily should be deposited in a bank

CPC O. 6 R. 17 – Court must not refuse bona fide, legitimate, honest and necessary amendments and should never permit mala fide and dishonest amendments

CPC O. 6 R. 17 – ‘due diligence’ – Fault of lawyer

Sarita Devi v. Sultan Singh, (2021-3)203 PLR 368

Specific Relief Act S. 22(2) – Purchaser pendente lite – expression “in an appropriate case”.

Babu Lal v. M/s. Hazari Lal Kishori Lal, 1982 PLRonline 0105 (SC)

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