Specific Performance - Judgment Search Results

Tej Kaur (Deceased by L.Rs.) Vs. Devinder Kaur and anr.

Court: Punjab and Haryana

Reported in: AIR2005P& H9

..... another part of the same contract which cannot or ought not to be specifically performed the court may direct specific performance of the former part explanation for the purposes of this section a party ..... in the said agreement therefore both the courts below were absolutely justified in ordering the specific performance of the said agreement 12 i have given my thoughtful consideration to the rival .....

Mandira Mookerjee Vs. District Consumer Disputes Redressal Forum and o ...

Court: Kolkata

Reported in: AIR2005Cal108,2005(4)CHN694

..... that the agreement assuming but not admitting is enforceable gives right to the enforcement of specific performance of an agreement for sale of an immovable property which can only be had ..... of execution and registration of the deed was granted therefore this decision related to the specific performance of contract for execution and registration of the conveyance as in the present case therefore .....

Raufunnessa Bibi and Sk. Abdul Majid Being Dead by their Heirs and Lrs ...

Court: Kolkata

Reported in: 2004(4)CHN154

..... learned trial court should not have granted a decree for specific performance inasmuch as specific performance is equitable relief specific performance is also discretionary relief and to exercise this discretion the ..... the act reads as follows 20 discretion as to decreeing specific performance 1 the jurisdiction to decree specific performance is discretionary and the court is not bound to grant .....

Chandra Basu Vs. Sanjukta Mukherjee

Court: Kolkata

Reported in: 2004(3)CHN491

..... the permission for alienation is not a condition precedent to file the suit for specific performance the decree of specific performance will always be subject to the condition to the grant of the permission ..... for alienation is not a condition precedent to file the suit for specific performance of contract as the decree for specific performance is always subject to the condition to the grant of the .....

Lalithambika Vs. Varghese

Court: Kerala

Reported in: III(2005)BC289; 2004(3)KLT892

..... calcutta high court in sen mukherjee co v chayya banerjee air 1998 calcutta 252 wherein specific performance was refused on the ground that the defendant was indebted and to grant the relief ..... preceding paragraphs the question to be considered is whether there are circumstances which should deny specific performance in favour of the plaintiff the circumstances which i have discussed under point no 1 .....

Tractor and Farm Equipment Ltd. Vs. Secretary to the Govt. of Assam, D ...

Court: Guwahati

..... tender will lie in instituting civil suit either for damage or for specific performance of the contract but when the state floats a tender and ..... of the state they may cover any other person or body performing public duty the form of the body concerned is not very ..... custom or even contract thus even a contractual obligation in the performance of public duty may give rise to issuance of writ of .....

Rhodia Limited, Vs. Neon Laboratories Limited

Court: Mumbai

Reported in: 2005(1)ALLMR703

..... herein is the original plaintiff hereinafter referred to as plaintiff for short filed suit for specific performance of the agreements and for injunction against the petitioners herein the original defendants hereinafter referred ..... alleged damages cannot be a part of the cause of action in the suit for specific performance as the claim in the suit is not for damages alone the damages are consequential .....

Durg Singh Vs. Mahesh Singh and ors.

Court: Madhya Pradesh

Reported in: AIR2004MP146

..... as such the trial court erred in law in decreeing the plaintiff s suit for specific performance of the contract an alternative submission has also been putforth by learned senior counsel that ..... but issue no 4 has been framed that whether plaintiff is entitled for decree of specific performance which would also include the readiness and willingness even otherwise if the parties are aware .....

Kishan Chand Vs. Sita Ram and ors.

Court: Punjab and Haryana

Reported in: AIR2005P& H156

..... 2072 and 1908 1909 situated at gokal bazar rewari by seeking specific performance of agreement to sell dated 30 9 1966 according to the ..... out that on account of the nature of relief claimed for specific performance of agreement dated 30 9 1966 the discretion in favour of ..... of section 20 of 1872 1963 act if the decree of specific performance gives the plaintiff an unfair advantage over the defendant or .....

Abdul Hameed Vs. Mohammed Nizzar

Court: Kerala

Reported in: 2005(1)KLT568

..... by him has been considered by the court below and granted a decree for specific performance having obtained specific performance according to us it cannot now turn round and say that he does not ..... the plaintiff is not a question properly arising for decision in the present suit for specific performance if their title is defeasible at the instance of persons not parties to the suit .....