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...counsel, we have ourselves looked into the correspondence on record. The earliest letter on record is from S.K Singhal, advocate for the plaintiff Mayawanti to defendant Kaushalya Devi and Lajwanti...willing to perform her part of the contract. Kaushalya Devi was therefore called upon to execute and register the sale deed in favour of Mayawanti to the extent of one half each of the karkhana as his...unnecessarily to include the building and 20 HP electric motor in the bargain. In his letter dated January 18, 1972 to the plaintiff, Sham Lal Katyal, advocate of Lajwanti intimated that Kaushalya Devi had no right to sell the share...
...basis for the jurisdiction to order specific performance, as pointed out in Mayawanti v. Kaushalya Devi . (1990) 3 SCC 1. The point for...
.... Kaushalya Devi . (1990) 3 SCC 1 held thus:“8. In a case of specific performance it is settled law, and...will not be there even though the contract is otherwise valid and enforceable.9. This Court in Mayawanti v...
...was contrary to the basic principles governing injunction more so in a suit for specific performance relying on Mayawanti v. Kaushalya Devi..., Motilal Jain v. Ramdasi Devi (2000) 6 SCC 420, Maharwal Khewaji Trust (Regd.), Faridkot v. Baldev Dass . (2004...) 8 SCC 488 and Aloka Bose v. Parmatma Devi (2009) 2 SCC 582.13. On the aspect of the delay in...
...discretion of the court will not be there even though the contract is otherwise valid and enforceable.9. This Court in Mayawanti v. Kaushalya Devi [Mayawanti v. Kaushalya...Devi, (1990) 3 SCC 1] held thus: (SCC pp. 5-6, para 8)“8. In a case of specific...
...Mayawanti v. Kaushalya Devi (1990) 3 SCC 1.6. Having heard the learned counsel for the parties we are of the view that this appeal is...Mayawanti v. Kaushalya Devi (supra) is well taken; it is the applicability to the facts, which is questioned. Undoubtedly, the first...
...injunction more so in a suit for specific performance relying on Mayawanti v. Kaushalya Devi, (1990) 3 SCC 1.9. Shri Huzefa...v. Sugra Begum, (1990) 4 SCC 147, Motilal Jain v. Ramdasi Devi (Smt.), (2000) 6 SCC 420, Moharwal Khewaji Trust (Regd.), Faridkot v.... Baldev Dass, (2004) 8 SCC 488, and Aloka Bose v. Parmatma Devi, (2009...
..., parties have to be ad-idem. The Hon'ble Supreme Court in Mayawanti v. Kaushalya Devi ., (1990) 3 SCC 1 has held that “It is settled law that...
...defendants-1 and 2.16. The Supreme Court, in is decision reported in 1990 (3) SCC 1 (Mayawanti v. Kaushalya Devi), has observed...
...particular form though in essence and substance it may be different transaction. In Mayawanti v. Kaushalya Devi, (1990) 3 SCC 1 the Apex Court...
..., which provides specific performance of immoveable property, would not arise.8. In Mayawanti v. Kaushalya Devi, 1990 (2...
...Mayawanti v. Kaushalya Devi reported in 1990 Volume-III Supreme Court Cases Page-1 where the Apex Court observed that there must be a valid and binding contract between the...
...of discretion is governed by the statutory provisions.26. In Mayawanti v. Kaushalya Devi . (1990) 3 SCC 1..., AIR 1971 SC 385, Shanti Kumar Panda v. Shakuntala Devi...
...Mayawanti v. Kaushalya Devi . .:“18. The specific performance of a contract is the actual execution of the contract according to...
...Mayawanti v. Kaushalya Devi, (1990) 3 Supreme Court Cases 1, the Court found that the alleged oral agreement was surrounded by...
...) DRJ (Suppl) 201, Mayawanti v. Kaushalya Devi, (1990) 3 SCC 1 and Nanak Builders and Investors Private Limited v. Vinod...Sardar Singh v. Krishna Devi, (1994) 4 SCC 18 as well as K. Narendra and Nirmala Anand v. Advent Corporation Pvt. Ltd...
...Supreme Court reiterated the observations made in Mayawanti v. Kaushalya Devi ., (1990) 3 SCC 1 wherein at para 8 it was held that it is...contract has not been made, the court will not make a contract for them. Para 8 of Mayawanti v. Kaushalya Devi . (supra) reads thus...
...(Mayawanti v. Kaushalya Devi), the Supreme Court has held as under in paragraph 11:“11…. It is settled law that if a contract is to be made, the...
...though the contract is otherwise valid and enforceable.
9. This Court in Mayawanti vs. Kaushalya Devi (1990) 3 SCC 1 held thus...
...Mayawanti v. Kaushalya Devi .: (1990) 3 SCC 1 to contend that it is not permissible for the Court to make a contract for the parties where...was sought is void for uncertainty and incapable of being made certain.
20. The Supreme Court in the case of Mayawanti (supra) held that in the...