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S.Krishnakumar Vs. V.Arumugham

Court : Chennai

Subject : Civil

Acts : Specific Relief Act, 1963 - Sections 20, 16(c)

coming forward to execute the sale deed, the discretionary relief of specific performance under Section 20 of the Specific Relief Act, 1963 cannot be exercised in favour of the appellant. Yet another finding has been given by the Trial Court … of the appellant in coming forward to execute the sale deed, the discretionary relief of specific performance under Section 20 of the Specific Relief Act, 1963 cannot be exercised in favour of the appellant. Yet another finding … is ready and willing to execute the sale deed.8.The scope of Section 16(c) of the Specific Relief Act, 1963 has been considered by the Honourable

Bhaskar Saini vs.satbir Singh

Court : Delhi

Subject : Land Acquisition

be ready and willing to perform his part of the contract as required by Section 16(c) of the Specific Relief Act, 1963 and as to whether respondent/plaintiff should be granted the discretionary relief of specific performance with respect to the … To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. This Regular First Appeal under Section 96 of Code of Civil Procedure, 1908(CPC) is filed by the defendant in the suit impugning the judgment … NEW DELHI + % BHASKAR SAINI SATBIR SINGH RFA No.535/2005 3rd July, 2018 ..... Appellant Mr. Vishal Sharma, Advocate. Through: versus Through: Mr. Gagan Gupta,

Asharaj and Others Vs. S.G. Nagaraj @ Suga Nagaraj

Court : Karnataka

Subject : Land Acquisition

out agreement of sale? 2. Whether the mandatory aspect of readiness and willingness as contemplated under Section 16(c) of Specific Relief Act, 1963, has been proved? 3. Whether any interference is called for by this Court and if so, to what … discretionary, the Court is guided by the parameters laid down under Section 20 of Specific Relief Act, 1961. Hence we will have to see as … Judge (Sr.Dn.) Bangalore Rural District, Bangalore, Decreeing The Suit For Specific Performance) 1. Present appeal is directed under Section 96 of CPC challenging the judgment and decree passed on 23.02.2007 in O.S.No.765/1999 which was pending on the

T.P.Latha at Hemalatha and ors. Vs. P.Sukumar

Court : Chennai

Subject : Civil

Acts : Specific Relief Act, 1963 - Section 20, 16 (c), 22 (1) (a) (b); Code of Civil Procedure,(CPC) 1908 - Section 96 Forms 47 and 48

will be no order as to costs. Consequently, the connected MP is closed. [K.MOHAN RAM; M. DURAISWAMY, JJ.] Specific Relief Act, 1963 - Section 20, 16 (c), 22 (1) (a) (b) -- The total sale consideration comes to Rs.17,01,000/-. On … Appeal Suit filed under Section 96 of the Civil Procedure Code against the judgment and decree, dated 27.04.2009 passed in O.S.No.84 of 2008

Pabba Laxmidevamma and Others Vs. Pabba Sekharaiah Goud

Court : Andhra Pradesh

Subject : Contract

Acts : Specific Relief Act, 1963 - Sections 16(1) and 20(1); Code of Civil Procedure (CPC), 1908 - Sections 100

Reported in : 2001(3)ALD808; 2001(4)ALT132

order as to costs. Each party shall bear their own costs. Contract - willingness to perform contract - Sections 16 (1) (b), 16 (1) (c) and 20 (1) of Specific Relief Act, 1963 - suit for specific … the plaintiff is not entitled for the specific performance of contract. Under Section 16(1)(b) and (c) of the Specific Relief Act, 1963, if a person violates any term of the contract or wilfully acts at variance or has become incapable

K. Ahmed Alli Sab (Died) Per Lrs. and ors. Vs. Desai Abdul Gani Desai

Court : Andhra Pradesh

Subject : CivilContract

Acts : Land Ceiling Act; Evidence Act - Sections 33; Specific Relief Act, 1963 - Sections 16, 20 and 20(2); Code of Civil Procedure (CPC) - Sections 100 - Order 41 Rule 27, 27(1) and 27(2)

Reported in : AIR2005AP374; 2005(3)ALD31; 2005(2)ALT676

required to deposit the sale consideration into Court before filing the suit. But, under Section 16(c) of the Specific Relief Act, 1963, specific performance of the contract cannot be enforced in favour of a person who fails to aver and … termed to be a substantial question of law in contrast to mere question of law as contemplated under Section 100 C. P. C. and therefore disposing of the Second Appeal on the points of law framed by … of Thiagarajan and others v. Sri Venugopalaswamy B, Koil and Ors., 1. 2004 (4) ALD 8 (SC), 2004 (4) ALT 27.2, In the said case,

Kadali Venu Sankar Vs. Pydikondala Lakshmi

Court : Chennai

Subject : Land Acquisition

'willingness' is also specifically pleaded and proved. He invited this court's attention to Section 16(c) of of the Specific Relief Act, 1963. 16. Pointing out the above requirement of law, the learned Senior Counsel invited this court's attention to the … (Prayer: This second appeal has been filed under Section 100 C.P.C., against the Judgment and Decree of the learned Principal District Judge, Puducherry made in A.S.No.40 of … Decree of the learned Principal District Judge, Puducherry made in A.S.No.40 of 2007 dated 13.02.2009 thereby reversing the judgment and decree of the learned Subordinate

Om Prakash Aggarwal vs.raj Kumar Mittal

Court : Delhi

Subject : Land Acquisition

However, the defendant refused to accept the refund of the earnest money. Legal Position Section 16(c) of the Specific Relief Act, 1963 13. In a suit for specific performance, the plaintiff has to prove a valid sale agreement; the breach … Premlata Joshi, 2019 SCC OnLine SC12 the Supreme Court summarised the principles relating to specific performance contained in Sections 16(c) 20, 21, 22 and 23 of the Specific Relief Act read with Forms of Appendix A to

Vijay Laxmipati Dasari (since deceased) through his legal heirs and re ...

Court : Mumbai

Subject : Land Acquisition

obligations and thus the learned trial Judge ought to have exercised the discretion under section 20 of the Specific Relief Act, 1963 in favour of the plaintiff. He submits that the entire approach of the two Courts below in refusing … plaintiff though the real transaction between the parties was of a loan. 16. The learned trial judge framed 15 issues. The plaintiff examined himself and … 1. By this second appeal filed under section 100 of the Code of Civil Procedure, 1908, the appellants have impugned the order and judgment dated 17th … 1. By this second appeal filed under section 100 of the Code of Civil Procedure, 1908, the appellants have impugned the order and judgment

Bal Krishna and anr. Vs. Bhagwan Das (Dead) and ors.

Court : Supreme Court of India

Subject : Property

Acts : Specific Relief Act, 1963 - Sections 16 and 20; Specific Relief Act, 1877 - Sections 24

Reported in : AIR2008SC1786; 2008(3)ALD27(SC); 2008(3)ALLMR(SC)809; 2008(2)AWC1760(SC); (SCSuppl)2008(3)CHN35; 2008(1)CTLJ337(SC); 2008(4)SCALE805

of the contract as per the agreement Ex.P/2 and held that clause (c) of Section 16 of the Specific Relief Act, 1963 provides that specific performance of a contract cannot be enforced in favour of a person who fails to … to perform their part of the contract as per the agreement Ex.P/2 and held that clause (c) of Section 16 of the Specific Relief Act, 1963 provides that specific performance of a contract cannot be enforced in … legal representatives of late Manaklal on payment of balance amount of Rs. 20,000/-. On these findings, the plaintiffs' claim for specific performance was decreed with