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Prior Consent Of State Under Rajasthan Colonization Act Which Ceased In 1991, Not Mandatory For Sale Deed Executed In 2003: Rajasthan HC
1 month ago

Prior Consent Of State Under Rajasthan Colonization Act Which Ceased In 1991, Not Mandatory For Sale Deed Executed In 2003: Rajasthan HC

Live Law  

In doing so the court said that merely because the petitioner's predecessors in title–either due to illiteracy or ignorance of law–failed to obtain prior consent, the rights which have accrued in favour of the purchasers cannot be set at zero, over 20 years after the sale. As per Section 13 of Rajasthan Colonization Act, 1954 no tenant shall transfer his …

Consent Sale Land Act 20 Years Executed Petitioners
Conveyance Takes Place Only At Time Of Registration Of Sale Deed; Need For Sanction For Conveyance Doesn't Bar Agreement To Sell : Supreme Court
9 months, 1 week ago

Conveyance Takes Place Only At Time Of Registration Of Sale Deed; Need For Sanction For Conveyance Doesn't Bar Agreement To Sell : Supreme Court

Live Law  

The Supreme Court observed that conveyance by way of sale would take place only at the time of registration of a sale deed in accordance with Section 17 of the Registration Act, 1908. When the matter reached the High Court, the issue was “Whether a decree for specific performance of land to be transferred from tribal to non-tribal can be …

Supreme Court Performance Court Specific Performance Sale Registration Land
What Is The Scope Of Limitation In Suit For Specific Performance Where No Time Was Mentioned For Execution Of Sale Deed? MP High Court Answers
1 year, 10 months ago

What Is The Scope Of Limitation In Suit For Specific Performance Where No Time Was Mentioned For Execution Of Sale Deed? MP High Court Answers

Live Law  

The Madhya Pradesh High Court recently held that the limitation period in a suit for specific relief with respect to a sale deed, where no time was mentioned for its execution, would commence from the date it comes to the notice of the Plaintiff that specific performance is being refused to them by the Defendant. Bansal observed- In the present …

Court Specific Performance Sale Order Limitation Agreement Suit
S.20 SRA | Power To Grant Decree Of Specific Performance Is "Discretionary": Tripura High Court
2 years, 4 months ago

S.20 SRA | Power To Grant Decree Of Specific Performance Is "Discretionary": Tripura High Court

Live Law  

The Tripura High Court recently, while dealing with a matter pertaining to execution of a sale deed, observed that a remedy for specific performance is discretionary in nature and the power may not be exercised by the Court merely because it is lawful to do so. Section 20 of the Specific Relief Act specifically provides that the jurisdiction of the …

Performance Court Specific Performance Sale Agreement Appellants Plaintiff
S.22 SRA | Civil Courts May Grant Ancillary Reliefs To Give Full Effect To Decree For Specific Performance: Telangana High Court
2 years, 5 months ago

S.22 SRA | Civil Courts May Grant Ancillary Reliefs To Give Full Effect To Decree For Specific Performance: Telangana High Court

Live Law  

The Telangana High Court recently upheld an order passed by the Executing Court directing removal of illegal structures raised in the suit schedule property after passing of a decree for specific performance, ordering delivery of possession, in favour of the defendants/ decree holders. It observed that decree for specific performance cannot be frustrated in such manner and that the civil …

Performance Court Specific Performance Sale Revision Suit Cpc
25 Important Decisions On Specific Performance Of Contract
4 years, 5 months ago

25 Important Decisions On Specific Performance Of Contract

Live Law  

Case 1: Plaintiff Seeking Temporary Injunction in Specific Performance Suit Has To Show Strong Prima Facie Case on Undisputed Facts: CASE DETAILS: TITLE: Ambalal Sarabhai Enterprise Ltd vs KS Infraspace LLP and another & Haryana Containers Ltd vs KS Infraspace LLP and another. CASE 9: Suit For Specific Performance: Plaintiff Has To Prove And Establish His Readiness And Willingness To …

India Contract Justice Supreme Court High Court English Performance
Contingent Clause In Rent Deed To Increase Rent Each Year Cannot Be Read To Mean That Tenancy Was For More Than One Year Period: SC [Read Judgment]
4 years, 6 months ago

Contingent Clause In Rent Deed To Increase Rent Each Year Cannot Be Read To Mean That Tenancy Was For More Than One Year Period: SC [Read Judgment]

Live Law  

The Supreme Court has observed that, merely because a Rent deed contains a clause which binds the tenant to increase the rent by certain percentage each year, it cannot be read to mean that the tenancy was for a period of more than one year. In this case, the issue before the Apex Court was whether a rent note signed …

Court Tenancy Tenant Registration Period Read Rent
Commercial Lease : To Execute or Not to Execute – A Case for A Re – Look?
4 years, 6 months ago

Commercial Lease : To Execute or Not to Execute – A Case for A Re – Look?

Live Law  

Of late, the issue of whether a lessee can seek exemption from payment of rent in a commercial tenancy in the wake of COVID-19 pandemic has gained some steam. However, all Courts have denied this exemption to the lessees majorly on 2 grounds - the lease deed is silent on the issue of exemption in the event of occurrence of …

Contract Court Rights Commercial Courts Lease Case