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Showing posts with label rescission of contract. Show all posts
Showing posts with label rescission of contract. Show all posts
Sunday, 30 March 2025

Supreme Court: What is the duty of executing court while executing decree for specific performance of contract?

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The executing court was not clear, both as regards the facts and as to law. On facts, it did not take into account, the real purport of the ...
Tuesday, 14 November 2023

Distinctive features of the suits for rescission and cancellation of instruments under the Specific Relief Act

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https://drive.google.com/file/d/1-_NmUW1EWW-fIajHOfStlp3SrwcI6rrd/view?usp=sharing  
Friday, 25 March 2022

How to ascertain limitation in the suit for rescission of contract?

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    This takes me to the issue regarding limitation. It is quite clear that  by a specific prayer the appellant was seeking to rescind the a...
Friday, 17 April 2020

How to appreciate evidence if judgment debtor is claiming rescission of contract as per S 28 of Specific relief Act?

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The Hon'ble Supreme Court in the case reported in MANU/SC/0934/2004 : 2005 (9) SUPREME COURT CASES 262 (supra) following it's ear...
Friday, 19 July 2019

Whether vendor can get contract of sale rescinded after passing of decree for specific performance of contract?

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Section 28 in The Specific Relief Act, 1963 28. Rescission in certain circumstances of contracts for the sale or lease of immovable pro...
Sunday, 31 December 2017

Whether relief of rescission of contract can be granted after execution of sale deed?

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The challenge as raised by the applicant is principally on the aspect of lack of diligence and delayed steps taken by the non-applicant to...
Monday, 25 December 2017

Whether decree for specific performance of contract will remain executable inspite of expiry of period for deposit?

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In above circumstances, the contention, advanced on behalf of the decree-holders, Respondents herein, that unless the judgment-debtor seek...
Saturday, 17 June 2017

Whether time for payment of decretal amount is extended if judgment debtor does not seek rescission of contract?

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 Reference to Order XX Rule 12A Code of Civil Procedure shows that in every decree of specific performance of a contract, the court has to...
Tuesday, 3 December 2013

Whether Court retains control in suit for specific performance of contract even after passing of decree?

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  Ramankutty Guptan v. Avara  wherein the Honourable Supreme Court, while dealing with an application under Section 28(1) for resciss...