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S.V.R. Mudaliar (Dead) By Lrs. & Ors vs Mrs. Rajabu F. Buhari (Dead) By Lrs. & Ors on 17 April, 1995 cites

Dollar Company, Madras vs Collector Of Madras on 1 May, 1975

Indeed, according to Shri Parasaran an appellate court should interfere with the Judgment under appeal not because it is not right, but when it is shown to be wrong, as observed by three-Judge Bench of this Court in Dollar Co. v. Collector of Madras, 1975 Supp. SCR 403. As to this observation, the contention of Shri Vaidyanathan is that what was stated therein was meant to apply when this Court examines a matter under Article 136. We do not, however, think if this meaning can be ascribed to what was observed.
Supreme Court of India Cites 5 - Cited by 103 - V R Iyer - Full Document

Srimati Rani Hemanta Kumari Devi And ... vs Maharaja Jagadindra Nath Roy Bahadur on 8 January, 1920

15.There is no need to pursue the legal principle, as we have no doubt in our mind that before reversing a finding of fact, the appellate court has to bear in mind the reasons ascribed by the trial court. This view of ours finds support from what was stated by the Privy Council in Rani Hemant Kumari v. Maharaja Jagadhindra Nath, 10 CWN 630, wherein, while regarding the appellate judgment of the High Court of Judicature at Fort William as "careful and able", it was stated that it did not "come to close quarters with the judgment which it reviews, and indeed never discusses or even alludes to the reasoning of the Subordinate Judge."
Calcutta High Court Cites 1 - Cited by 55 - Full Document

Smt. Mayawanti vs Smt. Kaushalya Devi on 6 April, 1990

20. So far as the first submission is concerned, we agree that it is a valid and enforceable contract which is the basis for the jurisdiction to order specific performance, as pointed out in Mayawanti v. Kaushalya Devi, 1990 (3) SCC 1. The point for determination is whether the agreement as recorded in Ex.P1 is enforceable. It has been contended on behalf the respondents that while agreeing as embodied in the document the parties had no intention to create any legal interest, because of which the agreement cannot be enforced. Strong reliance has been placed, in support of this submission, on the decision of House of Lords in Rose and Frank Co. v.J.R. Crompton & Bros. Ltd., 1924 All E.L.R.(Reprint) 245. In that case, after noting what had been agreed upon, the House of Lords came to the conclusion that the parties had not intended that the document should be legally enforceable.
Supreme Court of India Cites 4 - Cited by 159 - K N Saikia - Full Document

Smt. Annapoorani Ammal vs G. Thangapalam on 1 May, 1989

24. On the second legal question raised, we may not spend much time because the prop of this submission being what was held by this Court in Annapoorani Ammal v. G. Thangapalam, 1989 (3) SCC 287, whose facts were entirely different, the ratio of that decision cannot be called in aid by the respondents. In that case the mother of the appellant who had allegedly executed the 'yadast' was not the owner of the property because of which it was held that the suit against the appellant filed for reconveyance of the property on the basis of 'yadast' could not have been decreed. In our case Ex.P 1 had been executed by Kamal as an agent of the defendants and what had been agreed upon by him has to bind the principals.
Supreme Court of India Cites 4 - Cited by 11 - G L Oza - Full Document

Abdul Hakeem Khan vs Abdul Mannan Khadri on 2 September, 1971

27.In so far as the delay in the disposal of the case and the rise in prices during interregnum, Shri Parasaran urges that the delay not having been occasioned by any act of the plaintiff, he may not be punished for the same on the principle of ' actus curiae neminem gravabit" an act of the court shall prejudice no man. As regards the rise in prices,, the submission is that it should not weigh with the court in refusing the relief if otherwise due, as opined in S. V. Sankaralinga Nagar v. P.I.S. Ratnaswami Nadar, AIR 1992 Madras 389, which decision was cited with approval in Mr. Abdul Hakeem Khan v. Abdul Menon Khadri, AIR 1972 Andhra Pradesh 178. We are in agreement with this view because of the normal trend of price in prices of properties situate especially in metropolitan city like Madras, where the property in question is situate. If merely because the prices have risen during the pendency of litigation, we were to deny the relief of specific performance if otherwise due, this relief could hardly be granted in any case, because by the time the litigation comes to an end sufficiently long period is likely to elapse in most of the cases. This factor, therefore, should not normally weigh against the suitor in exercise of discretion by a court in a case of the present nature.
Andhra HC (Pre-Telangana) Cites 10 - Cited by 26 - Full Document

T.M. Balakrishna Mudaliar vs M. Satyanarayana Rao And Others on 31 March, 1993

28.The final onslaught is on the ground that the plaintiffs successors-in-interest having assigned the right to third parties in the meantime, we may not grant the relief because the assignees have, as already noted, purchased litigation and so the transaction could be described as champertous. Shri Parasaran, however, contends that all assignments pendente lite cannot be regarded as champertous; the same would depend on the facts of each case. It is also urged that an assignee has the right to pray for specific performance because he is one who has to be regarded as "representative-in-interest", of which mention has been made in clause (b) of section 15 of the aforesaid Act dealing with the persons who may obtain specific performance. 'Mat an assignee would be such a person was accepted by this Court in T.M. Balakrishna Mudaliar v. M. Satyanarayana Rao, 1993 (2) SCC 740.
Supreme Court of India Cites 4 - Cited by 18 - N M Kasliwal - Full Document

Commissioner Of Wealth-Tax, Bhopal vs Abdul Hussain Mulla Muhammad Ali (Dead) ... on 9 May, 1988

In this context, Shri Parasaran has brought to our notice a decision of this Court rendered in Commissioner of Wealth Tax, Bhopal v. Abdul Hussain Mulla Mohammad Ali, (dead) by LRs., 1988 (3) SCC 562, in which after referring to the decision of the House of Lords in the aforesaid case and some other decisions, as well as what has been stated in legal treatise, it was observed in para 24 that the proposition that in addition to the existence of an agreement and the presence of consideration, there is also a third element in the form of intention of parties to create legal 624 relations, is one which has not passed unchallenged. The Bench observed that it is not possible to accept the argument that an agreement will not, by itself, yield legal obligations unless it is one which can reasonably be regarded as having been made between the parties in contemplation of legal consequences. From the averments made in Ex.P 1 and the legal position being what has been noted in this case, we are satisfied that an enforceable contract had come into existence on the parties executing Ex.Pl. According to us, they were ad idem and the plaintiff was within his rights to seek specific performance of the same.
Supreme Court of India Cites 3 - Cited by 6 - R S Pathak - Full Document
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