Articles for Performance Suit

In Specific Performance Suits, Advisable To Seek Interim Injunction Against Sale; Doctrine Of Lis Pendens May Not Be Good Enough : Supreme Court
1 month, 1 week ago

In Specific Performance Suits, Advisable To Seek Interim Injunction Against Sale; Doctrine Of Lis Pendens May Not Be Good Enough : Supreme Court

Live Law  

The Supreme Court recently explained the importance of seeking an interim injunction in a suit for specific performance over simply relying on Section 52 of the Transfer of Property Act, 1882. In a suit wherein the plaintiff prays for specific performance and if the defendant is not restrained from selling the property to a third party and accordingly a third …

Supreme Court Property Court Specific Performance Order Transfers Rule
Courts Can't Grant Refund Of Earnest Money If Not Specifically Prayed For In Specific Performance Suit: Jharkhand High Court
7 months, 2 weeks ago

Courts Can't Grant Refund Of Earnest Money If Not Specifically Prayed For In Specific Performance Suit: Jharkhand High Court

Live Law  

The Jharkhand High Court has observed that, in a specific performance suit, the Courts cannot grant relief of refund of earnest money if it is not specifically prayed for. “Since the plaintiffs in the plaint in itself has not sought the alternate relief for refund of the earnest money or the further amount so paid, the Court cannot give direction …

Court Specific Performance Sale Relief Agreement Plaintiffs Defendant
Limitation For Specific Performance Suit Runs From Date When Plaintiff Had Notice Of Refusal When No Date Is Fixed For Performance : Supreme Court
1 year, 2 months ago

Limitation For Specific Performance Suit Runs From Date When Plaintiff Had Notice Of Refusal When No Date Is Fixed For Performance : Supreme Court

Live Law  

The Supreme Court, while dismissing a suit, arising from an Agreement to Sell, noted that while the ATS was dated 31.07.1975, the suit was filed by the respondent named Anjuman on 01.01.1981. Further, the limitation for filing a suit for specific performance, as per Article 54 of the Schedule to the Limitation Act, 1963 is 3 years ‘from the date …

Court Specific Performance Limitation Appellants Date Respondents Permission
Specific Performance Suit - When No Time Is Fixed For Performance, Limitation Runs From Period When Plaintiff Had Notice Of Refusal : Supreme Court
1 year, 3 months ago

Specific Performance Suit - When No Time Is Fixed For Performance, Limitation Runs From Period When Plaintiff Had Notice Of Refusal : Supreme Court

Live Law  

The Supreme Court on Tuesday held that, when no time is fixed for specific performance of a contract, then the limitation period for a specific performance suit as per Article 54 of Part II of the Schedule to the Limitation Act, 1963, will run from the date on which the plaintiff had notice of refusal on part of the defendant …

Performance Court Specific Performance Limitation Period Notice Date
Specific Performance Suit Filed Within Limitation Cannot Be Dismissed On The Sole Ground Of Delay Or Laches: SC [Read Judgment]
4 years, 2 months ago

Specific Performance Suit Filed Within Limitation Cannot Be Dismissed On The Sole Ground Of Delay Or Laches: SC [Read Judgment]

Live Law  

The Supreme Court has observed that a suit for specific performance filed within limitation cannot be dismissed on the sole ground of delay or laches.Once a suit for specific performance has been filed, any delay as a result of the court process cannot be put against the plaintiff as a matter of law in decreeing specific performance, the bench comprising …

Performance Specific Performance Delay Suit Filed Plaintiff Immovable Property
25 Important Decisions On Specific Performance Of Contract
4 years, 6 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