30 January 2023


Search Results for Tag : Performance

International Cases

A bank which gives a performance guarantee must honour that guarantee according to its terms(13.11.2020)

Appeal was filed by the Joint Venture between Aveng (Africa) Pty (Ltd) and Strabag International Gmbh (the Joint Venture) against the order of the Hig.....

Tags : Beneficiary, Performance guarantee, Payment

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Notifications & Circulars

Finance Minister to review performance of Credit and other Welfare Schemes for Scheduled Castes in Public Sector Banks tomorrow(26.09.2022)

Union Finance & Corporate Affairs Minister Smt. Nirmala Sitharaman will review performance of Credit and other Welfare Schemes for Scheduled Castes in.....

Tags : Performance, Credit Schemes, Review

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20 per cent growth in domestic airlines' passenger numbers(26.10.2015)

The Directorate General of Civil Aviation has released figures on perform.....

Tags : Domestic, airlines, 2015, performance, passenger

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Indian Telecom Services Performance indicator Report for April-June, 2015(23.11.2015)

The Telecom Regulatory Authority of India released its “Indian Telecom Services Performance Indicator Report” for the period 1 April 2015 to 30 June 2.....

Tags : Telecom, report, performance indicators, 2015

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Indian Telecom Services Performance Indicator Report July-September 2015(16.02.2016)

The Telecom Regulatory Authority of India released performance indicators for the Indian telecom sector for the quarter ending September, 2015. The Re.....

Tags : Telecom, performance indicator, September 2015

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Sector-Wise Performance of Major Services and Some Recent Government Policies to Boost the Growth of the Sector(29.01.2018)

The Services sector, with a share of 55.2 per cent in India's Gross Value Added (GVA), continued to be the key driver of India's economic growth contr.....

Tags : Major Services, Performance, Economic survey

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Performance of authentication by PNB Housing Finance Limited under the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016(04.01.2022)

In exercise of the powers conferred by sub-section (1) of section 11A of the Prevention of Money-laundering Act, 2002 (15 of 2003), the Central Govern.....

Tags : Performance, Authentication, PNB Housing Finance

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Prompt Corrective Action (PCA) Framework(26.02.2019)

The Board for Financial Supervision (BFS), in its meeting held on February 26, 2019 reviewed the performance of banks under PCA and noted that the Gov.....

Tags : Banks, Performance, Review

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Judgments

If Court finds that transaction is not for agreement of sale, no relief of refund of advance can be granted(02.01.2017)

Principal District Judge accepted case of Defendant in toto and rejected relief of specific performance. However granted decree for refund of a sum of.....

Tags : Agreement, Nature, Specific performance

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Jurisdiction to Decree Specific Performance is Discretionary. Yet, Discretion of Court is Not Arbitrary but is “Sound and Reasonable”, to be “Guided by Judicial Principles”(21.02.2017)

Instant Appeal arises from a judgment rendered by a Single Judge of Madras High Court. Dismissing second appeal, Single Judge confirmed judgment of Pr.....

Tags : Payment, Specific performance

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Plaintiff should plead and prove his readiness and willingness as a condition precedent for obtaining relief of grant of specific performance(13.09.2018)

The Plaintiff filed a suit for specific performance of contract. The trial Court concluded that, no agreement to sell had been executed between the pa.....

Tags : Agreement, Performance, Willingness

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Grant of relief of specific performance is a discretionary and equitable relief(07.01.2019)

The Appellant filed the civil suit against the Respondents claiming specific performance of the contract in relation to the suit land. The Respondents.....

Tags : Agreement, Specific performance, Entitlement

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Court could hear appeal on any other substantial question of law not formulated by it, but only after recording reasons that, case involves such a question(15.02.2019)

The Appellant had filed the suit for specific performance of Agreement to Sell that was decreed by the Court of Additional Civil Judge, by the judgmen.....

Tags : Specific performance, Agreement, Entitlement

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Power of attorney holder cannot testify in respect of matters which principal alone have knowledge(01.10.2019)

The Defendant is in appeal, aggrieved by the concurrent findings decreeing the suit for specific performance filed by the Respondent. The Plaintiff fi.....

Tags : Specific performance, Decree, Validity

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Specific performance of a contract cannot be enforced in favour of a person who fails to prove readiness to perform essential terms of agreement(04.10.2019)

The Plaintiff assails correctness of the order allowing the second appeal of the Defendants. By the impugned order, the High Court set aside the concu.....

Tags : Obligation, Agreement, Specific performance

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An appeal is a continuation of proceedings of original Court and Court of first appeal must record its findings only after dealing with all issues of law as well as fact(12.02.2020)

Present is the Plaintiff's appeal challenging the judgment passed by the High Court, whereby the High Court has confirmed the judgment and decree pas.....

Tags : Contract, Specific performance, reasoned order

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Prosecution of a remedy before the Consumer Forum is a valid ground to invoke and apply the provisions of Section 14 of Limitation Act(23.06.2021)

The present appeal challenges the concurrent findings rendered by the Courts below, holding that Section 14 of the Limitation Act, 1963 was not applic.....

Tags : Specific performance, time barred, Legality

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Prayer Clause is a sine qua non for granting decree of refund of earnest money(14.12.2022)

The present appeal is directed against the judgment passed by the High Court whereby a second appeal preferred by the Appellants was dismissed and jud.....

Tags : Sale Agreements, Termination, Specific performance

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For specific performance of contract, Plaintiff is required to prove readiness and willingness to perform his part of obligations under contract(06.07.2017)

Present First Appeal is against judgment and decree passed by Civil Judge. By impugned judgment, Plaintiff's suit for specific performance of contract.....

Tags : Agreement, Specific Performance, Refusal, Validity

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Court can refuse to grant discretionary relief of specific performance, even if, contract is not voidable but circumstances make it inequitable to enforce the same(11.09.2019)

In facts of present case, Mohinder Kaur, predecessor in interest of the Appellants entered into an agreement with Bahadur Singh, predecessor in intere.....

Tags : Discretionary relief, Specific performance, Validity

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Once execution of agreement to sell and payment of sale consideration is admitted by vendor, nothing further is required to be proved by vendee(11.04.2022)

The Appellant herein original plaintiff has preferred the present appeal against impugned judgment and order passed by the High Court, by which the Hi.....

Tags : Specific performance, Agreement, Execution

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Court to not compel specific performance of contract unless the whole contract can be executed(21.08.2015)

In a case where the Defendant agreed to sell property in its entirety but it later emerged that he had only a third of the share in the property, the .....

Tags : Specific performance, sale, property, part share

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News

Supreme Court: Annual Performance Appraisal Reports Must be Intimated to Public Servants(15.07.2019)

Supreme Court had observed that entries in the Annual Performance Appraisal Report must be communicated to a public servant. The Court noted that non-.....

Tags : Supreme Court, Annual Performance Appraisal Reports

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IBBI Amends Guidelines on Technical Standards for Performance of Core Services(29.07.2021)

Insolvency and Bankruptcy Board of India (IBBI) has notified the Guidelines for Technical Standards for the Performance of Core Services and Other Ser.....

Tags : Insolvency and Bankruptcy Board of India, Guidelines on Technical Standards for Performance of Core Services

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SC: Relief of Specific Performance can be Declined for Non Performance of Essential Promise(12.09.2019)

Supreme Court has observed that a vendee who does not perform one of the essential promises in a contract is not entitled to the discretionary relief .....

Tags : SC, Specific Performance

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CIC to Govt.: Ensure Officers' APAR Finalised Within Time Frame(26.02.2016)

Central Information Commission (CIC) has directed Health Ministry to ensure that Annual Performance Appraisal Reports (APAR) are finalised within give.....

Tags : Central Information Commission, Annual Performance Appraisal Reports

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SC: Decree for Obtaining Specific Performance Cannot be Obtained Behind Bona Fide Purchaser(19.01.2022)

Supreme Court has observed that a decree for obtaining specific performance of a decree cannot be obtained behind the back of a bona fide purchaser es.....

Tags : Supreme Court, Decree for Obtaining Specific Performance

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Delhi HC: Performance Security Cannot Be Retained After Acknowledgement of Due Performance(05.04.2022)

Delhi High Court has ruled that no principle in law allows for a party to be permitted to retain the performance security after it had acknowledged du.....

Tags : Delhi High Court, Performance Security

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Kerala HC: Details of Funds in Possession Not Necessary in Plaint for Specific Performance(26.04.2022)

Kerala High Court has ruled that even if the plaintiff has not provided details of funds in her possession in a suit for specific performance or the w.....

Tags : Kerala High Court, specific performance, possession

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SC: Specific Performance Suit Filed Within Limitation Cannot be Dismissed on Sole Ground of Delay(13.10.2020)

Supreme Court has observed that a suit for specific performance filed within limitation cannot be dismissed on the sole ground of delay or laches.

Tags : Supreme Court, Suit of Specific Performance

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SC: Relief of Specific Performance of Contract No Longer Discretionary(21.09.2020)

Supreme Court has observed that relief of specific performance of a contract is no longer discretionary, after the 2018 amendment.

Tags : Supreme Court, Relief of Specific Performance

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ITAT: No Documentary Evidence to Substantiate PRP as Expenditure, Claim is Not Sustainable(07.09.2022)

Income Tax Appellate Tribunal, Kolkata has observed that the claim of Performance Related Pay (PRP) is not sustainable when no documentary evidence wa.....

Tags : Income Tax Appellate Tribunal, Performance Related Pay, documentary evidence

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SC: Can’t Compel Defendant to Enter into Agreement With 3rd Party for Specific Performance(14.09.2022)

Supreme Court has held that a Court cannot grant the relief of specific performance against a person compelling him to enter into an agreement with a .....

Tags : Supreme Court, Specific Performance, Third Party

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SC: Subsequent Purchaser Can Challenge Readiness of Plaintiff in Specific Performance Suit(22.02.2021)

Supreme Court has observed that subsequent purchaser of the suit property can challenge the readiness and willingness on part of the plaintiff in a sp.....

Tags : Supreme Court, Readiness of Plaintiff in Specific Performance Suit

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SC: Court Should Frame Specific Issue on Readiness & Willingness in Suit for Specific Performance(10.11.2022)

Supreme Court has held that a specific issue on readiness and willingness on the part of the plaintiff must be framed by the trial court in a suit for.....

Tags : Supreme Court, Issue, Specific Performance

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Delhi HC: Employer Can’t Retain Performance Bank Guarantee After Acknowledging Due Performance(14.12.2022)

Delhi High Court has held that the employer cannot withhold the performance bank guarantee after acknowledgement of the due performance of the contrac.....

Tags : Delhi High Court, Performance Bank Guarantee, Counter Claims

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SC: Courts Can’t Grant Refund if it is Not Specifically Prayed for in Specific Performance Suit(15.12.2022)

Supreme Court has held that unless a plaintiff specifically seeks the refund of the earnest money at the time of filing of the suit or by way of amend.....

Tags : Supreme Court, Specific Performance Suit, Refund

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Uttarakhand High Court Launches Software App to Monitor Performance of Judicial Officers(05.03.2021)

Uttarakhand High Court has inaugurated an Application Software (District Court Performance Monitoring Tool- DCPMT) for monitoring the performance of j.....

Tags : Uttarakhand High Court, Software App to Monitor Performance of Judicial Officers

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SC: Can’t Draw Adverse Inference Against Plaintiff for Merely Not Producing Bank Passbook(10.01.2023)

Supreme Court has held that adverse inference cannot be drawn against a plaintiff in a suit for specific performance for not producing his passbook un.....

Tags : Supreme Court, Inference, Bank Passbook, Specific Performance

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SC Division Bench Delivers Split Verdict in Civil Appeal from Specific Performance Suit(16.01.2023)

Supreme Court division bench comprising Justices M.R. Shah and B.V. Nagarathna a split verdict in a civil appeal arising out of a suit seeking specifi.....

Tags : Supreme Court, Specific Performance Suit, Civil Appeal, Agreement of Sale

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