Agreement to sell -- Suit for specific performance - Plaintiff in continuous possession of property uninterruptedly during all these years - Plaintiff also paid the entire sale consideration - Equity for grant of relief of specific performance is in favour of plaintiff...........
Specific Relief Act, 1963, Section 14 -- Agreement to sell - Specific performance - Unless the case falls u/s 14 of the Act, contracts are enforceable...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acknowledgement regarding existence of debt on stamp paper - Said writing not bearing signatures of complainant - Said writing is not in the nature of bi partite agreement to be signed by the parties thereto - It is a writing in the nature of acknowledgement by accused about existence of a debt; about..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Cheque issued under and in pursuance of agreement to sell - An agreement to sell does not create any interest in immoveable property, it nonetheless constitutes a legally enforceable contract between the parties to it - Payment made in pursuance of such an agreement is a..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Eviction suit - Defendant by way of additional evidence sought to produce bill for renovation work undertaken by him in respect of subject premises - Documentary evidence which defendant wanted to lead now was within his knowledge and possession at the time of filing of suit but same..........
Arbitration and Conciliation Act, 1996, Section 7 -- Arbitration - Clause in agreement as to `deposit-at-call' for ten percent of the amount claimed to seek arbitration to avoid frivolous claims - This clause will discourage arbitration which is contrary to the object of de-clogging the Court system, and would render the arbitral process ineffective and expensive -..........
Competition Act, 2002, Section 53T -- Allotment of plot - Cancellation - Refund of money, interest and mesne profits - Fault and lapses on both the sides - Appellant persistent defaulter in payment of installments of plot - Respondent on the other hand entered into agreement with other respondents for same plot with substantially higher amount than amount agreed with..........
Agreement to sell -- Specific performance - Defendant contended that signatures of himself and his wife were taken on some papers under duress - However, except self serving testimony of defendant, he did not lead any evidence to prove said coercion or undue influence - Agreement to sell held, proved...........
Agreement to sell -- Specific performance - Service of notice and reply notice - Plaintiff did not produce postal acknowledgement in proof of service of notice to defendant - He himself admitted that he did not receive reply notice - No service effected upon defendant - Service of notice upon defendant and issuance of reply notice by defendant not proved - Suit for..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Suit for specific performance - Agreement for sale on record, but could not be marked as exhibit - Trial Court found that case of petitioner does not come under fold of provision of O.41.R.27 CPC - Rejection of application U.O.41.R.27 CPC held, proper...........
