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Publicado en Abr 12, 2021

Specific Performance In Development Agreement

… obtain the necessary agreement from landowners, obtain the GPA and sanction the plan to continue construction. The developer has never got a specific performance from the development agreement of… Landowners. Even if the developer has taken legal action for the specific implementation of the development agreement, whether or not he is entitled to a certain benefit, if his will is not present… Sections 19 (a) and 19 (b) of the Specific Relief Act, 1963, are held as follows: “The specific enforcement of the agreement may be imposed on each of the parties…… Confidence and trust in the defendant developer, they terminated the development contract with their letter of 07-01-2014. The defendant then sought a specific execution of the development…. 2. The applicant moved to urgent temporary facilities.

I am very pleased that the defendant has repeatedly committed a breach of the terms, as agreed under the development agreement and the plaintiff has agreed to… S.J. Kathawalla, J.: The Plaintiff Society has serious complaints against the defendants/developers who entered into a development contract of 15.05.2008 with the Company… In a land sale contract, a specific benefit may be granted in a right that began after the expiry of the contract completion date, but before a notification of the production time of the basic period is notified. It seems that, in the case of a development agreement in which the developer is not only authorized to build the building, he also receives reflections/cash flows from it and, therefore, a power of attorney is executed in favor of the developer to obtain, among other things, authorizations, sale of shares and obtaining consideration, which becomes essentially irrevocable under the provisions of Section 202 of the Indian Contract Act, 1872 and, therefore, in its very nature, in the absence of the provisions of paragraph 14, paragraph 3, point c), a contract for which an aggrieved promoter may claim a particular benefit. This Court of Appeal indicated that Subsection 3 of Section 14 was an exception to clauses (a) and (d) of the subsection (1). In addition, the Court of Justice noted that an appeal for the special performance of the contracts in this description can only be upheld if the terms of clause (c) (c) of section 14, paragraph 3, are not met, even though the types of contracts covered in sub-paragraphs (i) and (iii) cannot be expressly applied. … The applicant argues that the agreement in the character of a development agreement and, although, on the basis of a judgment of the bank division of the Court, the concrete implementation of a development …

they were able to reach. The plaintiff`s request resonates in money and, especially since the complainant says that legal action for the specific execution of a development contract does not… some of the averments of the petition. The petition states that the plaintiff should enter into a development contract with defendant Nos.