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...has to be ascertained from all the facts and circumstances of the case.12. In K.S Vidyanadam v. Vairavan (1997) 3 SCC...
.... But Section 16(c) of the said Act makes it clear that mere plea is not sufficient, it has to be proved.”32. In K.S. Vidyanadam v. Vairavan (1997...in the price of real estate in Hosur. The proposition finds support from case reported in K.S. Vidyanadam v. Vairavan (supra). To quote this Court “we cannot be oblivious to reality - and the reality...finds support from the judgments of this Court in P.R. Deb and Associates v. Sunanda Roy (1996) 4 SCC 423; K.S. Vidyanadam v. Vairavan (1997...
...529, Vimaleshwar Nagappa Shet v. Noor Ahmed Shariff (2011) 12 SCC 658 and K.S Vidyanadam v. Vairavan (1997...conveyed may be a relevant factor in denying the relief of specific performance. (See K.S Vidyanadam v. Vairavan (1997) 3 SCC 1, (1997) 1 SCR 993...second appeal was correct in reversing the decree. Consequently the principle enunciated in K.S Vidyanadam (1997) 3 SCC 1, (1997) 1 SCR 993 will not...
...plaintiff to file a suit within a reasonable time. Reliance in this connection has been placed on K.S Vidyanadam v. Vairavan (1997) 3 SCC 1...relief, the reasonable time has to be ascertained from all the facts and circumstances of the case.12. In K.S Vidyanadam v. Vairavan (1997...
...Vidyanadam v. Vairavan (1997) 3 SCC 1 which is a two-Judge Bench decision and a few other decided cases. On behalf of the plaintiff-respondent...Constitution Bench decision in Chand Rani case (1993) 1 SCC 519 was placed before and followed by the two-Judge Bench deciding Vidyanadam case...the succeeding paragraphs.8. For the purpose of deciding the question whether or not time was of the essence of the contract the appellant before the High Court relied on K.S...
...the respondent disentitled him to the relief of specific performance. In this connection, reliance was placed on the judgment of this Court in the case of K.S Vidyanadam v. Vairavan (1997...relevant factor, however, before the Supreme Court of India at SLP stage where all the courts below have granted decree. It was, therefore, held that judgment of this Court in K.S Vidyanadam...
...court.14. On the other hand, the High Court wrongly placed reliance on the decision of this Court in K.S Vidyanadam v. Vairavan (1997...land situated in Kolhapur District, Maharashtra. In such circumstances, the decision in K.S Vidyanadam (1979) 2 SCC 70 is not applicable to the facts on hand. In the facts of the present case, which we...
...AIR 1999 Gau 101 (sic)3. K.S Vidyanadam v. Vairavan (1997...
...equity.”13. In K.S Vidyanadam v. Vairavan (1997) 3 SCC 1 this Court referred to the circumstances to be considered in...
...relief of specific performance of the contract of sale should be granted to the plaintiff. In this connection we may notice the decision of this Court in K.S Vidyanadam v. Vairavan (1997...
....”31. Very recently in K.S Vidyanadam v. Vairavan (1997) 3 SCC 1 this Court has held:“10. It has been...
...laid down.34. We may notice that B.P Jeevan Reddy, J. in K.S Vidyanadam v. Vairavan (1997) 3 SCC 1 held that a new...Limitation Act, 1963, stating: (K.S Vidyanadam case (1997) 3 SCC 1)“13. In the case before us, it is not mere delay...
...failed to do so, they cannot be allowed to take advantage of their own mistake and conveniently pass on the blame to the respondents.31. In K.S Vidyanadam v. Vairavan (1997...
...relied upon the judgments of this Court in K.S Vidyanadam v. Vairavan (1997) 3 SCC 1 and J.P Builders v. A. Ramadas Rao...
...Vidyanadam v. Vairavan (1997) 3 SCC 1, K. Narendra v. Riviera Apartments (P) Ltd. (1999) 5 SCC 77...relevant points of time the plaintiffs were ready and willing to fulfil their part of the obligation. Reference was placed on several decisions of this Court in support of the stand e.g K.S...
...7 months later. In commercial dealings with high stake matters delay is vital. This specific objection on behalf of the defendant taken before the High Court relying on K.S. Vidyanadam v. Vairavan (1997...three separate miscellaneous appeals filed by the appellants before the High Court affirming an order of injunction. K.S. Infraspace LLP Ltd., Respondent 1, filed Special Civil Suit Nos. 322 of 2018 and...
...enforce the contract at the instance of the plaintiff-purchaser who has failed to perform his part of the obligation within the time stipulated.45. In K.S Vidyanadam v. Vairavan reported.... This Court held that in cases of urban properties in India it is well known that prices are going up sharply over the last few decades particularly after 1973. In Vidyanadam (supra) the court was dealing...strictly construed. In the case of Vidyanadam (supra) there is no such strict stipulation as time being of the essence of the contract as is in the instant case even then the Court refused to grant the...
...in P.R. Deb & Associates v. Sunanda Roy [P.R. Deb & Associates v. Sunanda Roy, (1996) 4 SCC 423] ; K.S. Vidyanadam v. Vairavan [K.S. Vidyanadam v. Vairavan, (1997...
.... Similar view was taken with more elaboration on the issue in K.S Vidyanadam v. Vairavan (1997) 3 SCC 1, AIR 1997 SC 1751, wherein it was held...
...for specific performance for the first time, the rise in the price of the land agreed to be conveyed may be a relevant factor in denying the relief of specific performance. (See K.S Vidyanadam v. Vairavan (1997...first appellate court. The only question before us is whether the High Court in second appeal was correct in reversing the decree. Consequently the principle enunciated in K.S Vidyanadam...