Specific Performance Deposit Agreement

All of the above principles would be applied with the same force to a party seeking to achieve a certain performance in an arbitration proceeding. (i) Where a contract involves the payment of the money, it is not essential for the plaintiff to actually submit an offer to the defendant or to deposit money in court, unless ordered by the Court of Justice. “27. Consistent jurisprudence suggests that, even in the absence of a concrete means, the Tribunal is required to dismiss the appeal as an appeal. It is also clear that performance must be established during periods. “Preparation and availability” for the performance of the part of the contract must be determined/determined by the behaviour of the parties. “In my view, it was sufficient, based on the evidence already available in the minutes, for the court to have concluded that applicant 1 was willing and willing to perform his part of the contract. It was not necessary for him to draw up actual figures and satisfy the court of the specific amount that a bank would have advanced ……` ». Second, the above distinctions cannot concern the seller in the vast majority of cases, since he may expire the deposit and resell the country. This last remedy does not require a request for non-judicial action, unlike a claim for compensation and/or a concrete benefit. [22] Section 22. The power to grant exemptions for possession, division, reimbursement of adequate money, etc. (1) Notwithstanding the contrary provisions of the 1908 Code of Civil Procedure, anyone can: Who complains about the special performance of a land transfer contract, in an appropriate case, wonder: “If there is a sale of the same property for the benefit of a previous and subsequent purchaser, and the subsequent purchaser has paid the sale money to the seller as part of the promotion remaining in his favour, it is in an action for a given benefit that the previous purchaser has filed, if successful, the question of the correct form of the decree arises in such a case.

The practice of the courts in India has not been uniform and there are three different ways of thinking. From a point of view, the correct form of the decree is to cancel the subsequent purchase only in relation to the former purchaser and the direct transport by the seller. A second is that both the seller and the seller should join, while a third party would limit the execution of the transport to the subsequent buyer. According to the Supreme Court, the correct form of the decree is to guide the specific performance of the contract between the seller and the former purchaser and to order the subsequent purchaser to participate in the promotion in order to transfer the title that resides there to the former purchaser. It does not associate itself with specific alliances between the former purchaser and its seller; It gives its title only to the former purchaser. The respondent argues, in a legal action, the practical execution of an agreement and proves that he was willing and willing to carry out his part of the contract continuously between the date of the contract and the date of the appeal hearing.” The lawyer who holds the funds as an interested party must notify the buyer of the receipt of an instruction from the seller who wishes to water the deposit. The security deposit can be cancelled and returned to the Seller, unless the buyer submits the procedure for forfeiting the corresponding rights within 21 days.

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