Supreme Court of India
Ishwar (since Deceased) Thr. Lrs & Ors. v. Bhim Singh & Anr.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
1 Supreme Court bench has cited this judgment.
What the Court ordered
We are of the considered view that the respondents had all throughout shown their intention to pay the balance consideration for execution of the sale deed whereas the appellants appeared interested only in challenging the decree before higher Courts.
Judgment, page 15
From the headnote
Issue for Consideration Issue arose as to whether the execution court had jurisdiction to deal with the application for rescission of contract and extension of time to deposit the balance sale consideration; and if execution court had the jurisdiction, whether those applications ought to have been decided as one in the suit on original side, if yes, then, whether, in the facts of the case, on that ground alone, the impugned order warrants interference in exercise of jurisdiction Art 136 of the Constitution. Headnotes† Specific Relief Act, 1963 – s. 28 – Rescission in certain circumstances of
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