Performance - Judgment Search Results

Supreme Court Advocates-on-record Association and Another Vs. Union of ...

Court: Supreme Court of India

Reported in: AIR1994SC268; JT1993(5)SC497; (1993)4SCC441; [1993]Supp2SCR659

..... of the statute that a duty is imposed the performance or non performance of which is not a matter of mere discretion ..... comparative merit of all those available this exercise must be performed as a pious duty to discharge the constitutional obligation imposed ..... persons available for appointment and all the constitutional functionaries must perform this duty collectively with a view primarily to reach an .....

Smith (inspector of Taxes) Vs. Abbott Same V. Holt Same V. Scovell Sam ...

Court: Kolkata

Reported in: [1994]210ITR323(Cal)

..... as indicated in paragraph 2 above were sums expended wholly exclusively and necessarily in the performance of the duties of his employment and are therefore expenses admissible as deductions from his ..... of the matter which the commissioners evidently formed was that the five taxpayers began to perform their daily duties when they read the newspapers and periodicals which they had selected to .....

V.A. Padmanabhan and ors. Vs. M.A. Narasimhan and ors.

Court: Chennai

Reported in: (1993)1MLJ576

..... appellant can be sufficiently compensated by money in respect of any loss suffered before specific performance of the contract the learned advocate general has drawn our attention to section 12 ..... injunction by the transferee against the transferor in protection of the possession had in part performance of the agreement is essentially a defensive action in which the transferee merely wields .....

Commissioner Vs. Soliman

Court: US Supreme Court

..... weighty consideration contrary to the court of appeals ruling the essentiality of the functions performed at home while relevant is not controlling whereas the availability of alternative office space ..... occur this factor assumes particular significance when comparison of the importance of the functions performed at various places yields no definitive answer to the principal place of business inquiry .....

S.S. Chokkalingam Vs. R.B.S. Mani and ors.

Court: Chennai

Reported in: (1994)2MLJ78; (1994)1LW321

..... entire amount within a particular time will not disentitle him to the relief of specific performance no doubt ordinarily in contracts relating to immovable property time is not the essence ..... property surrounding circumstances and whether commercial element is involved readiness and willingness to perform and includes ability to perform it is incumbent upon the buyer to satisfy the court that he was .....

The Kancheepuram Kamakshi Amman Silk Handloom Weavers' Co-operative Pr ...

Court: Chennai

Reported in: (1993)1MLJ618

..... the entitlement of the plaintiff to the relief of specific performance was also challenged on the ground that the plaintiff was ..... has pointed out that the grant of relief of specific performance is discretionary though not arbitrary and it should be guided ..... is sufficient if the plaintiff avers readiness and willingness to perform the contract according to its true construction that ruling will .....

Viswanathan and ors. Vs. R. Lakshmi Ammal (Deed.) and ors.

Court: Chennai

Reported in: (1993)2MLJ560

..... purchasers could well have approached the court immediately and sought specific performance but they kept quiet the purchasers did not seek to ..... considered together while deciding the question whether the plaintiffs have performed their part of the contract or not p w 1 ..... or waiver does not empower the court to refuse specific performance but what then is abandonment proof of abandonment or waiver .....

Buckley Vs. Fitzsimmons

Court: US Supreme Court

..... the sheriff and respondent fitzsimmons whose 263 police officers and assistant prosecutors were performing essentially the same investigatory functions 1 thereafter having failed to obtain sufficient evidence ..... form of immunity government officials are not subject to damages liability for the performance of their discretionary functions when their conduct does not violate clearly established .....

Arosan Enterprises Ltd. Vs. Union of India and anr.

Court: Delhi

Reported in: 1993(2)ARBLR328(Delhi); 51(1993)DLT280; 1993(26)DRJ328; 1993RLR489

..... filed by the claimant for permanent injunction to restrain the respondents from realisation of the performance bank guarantee submitted by the claimant in pursuance of the contract between the parties ..... all parties concerned deal in documents and not in goods service and or other performances to which the documents may relate article10 an irrevocable credit constitutes a definite undertaking .....

B.P. Samiappan (Died) and ors. Vs. Arunthavaselvan and ors.

Court: Chennai

Reported in: (1994)1MLJ146

..... by express agreement or by implied agreement extended the time for performance of the contract hence by the terms of article 54 of ..... a division bench of the court held that decree for specific performance only declares the right of the decree holder to have a ..... the pendency of an appeal against decree in a suit for specific performance have to be taken into consideration and the decree has to .....