Agreement to sell -- Ready and willing - Trust property - Plaintiff seeking clarifications regarding joining of all trustees in execution of sale deed, asking the second respondent to enter into another agreement by way of indemnifying the plaintiff for any loss due to defect in the title - Demand not only unjustified and unreasonable but it was in fact imaginary...........
Criminal Procedure Code, 1973, Section 438, 389 -- Bail or suspension of sentence during pendency of appeal - (a) long pendency of trial or an appeal after conviction would be a consideration for grant of bail; (b) Delay in conclusion of trial is one of the considerations for grant of bail and in case accused is responsible for the delay then no relief can be granted; (c)..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Agreement to sell - Suit for specific performance - Restraining defendant from alienating, transferring or creating third party interest in the suit property - Out of consideration of 45 Lakhs an amount of Rs.42.50 lakhs paid in cash at the time of execution of agreement to sell - Payment of cash..........
Agreement to sell -- Specific performance - Ready and willing - Sixty percent sale consideration paid within one year of execution of agreement to sell - Plaintiff repeatedly informing defendant that he is ready to make the balance sale consideration - This fact not disputed - Held, plaintiff was ready and willing to perform his part of the agreement...........
Civil Procedure Code, 1908, Section 34 -- Suit for specific performance - Alternative relief of payment of earnest money granted - Interest payable at the rate of 12% from the date of execution of agreement till the date of passing of the decree - Future interest i.e. from date of passing of decree to date of realization will be 6% which will be payable on the principal..........
Specific Relief Act, 1963, Section 22 -- 'Proceeding' includes execution proceedings also...........
Specific Relief Act, 1963, Section 22 -- Specific performance - Possession - Executing Court is empowered to pass orders on delivery of possession of execution of a conveyance not only against transferors but also against their transferees...........
Specific Relief Act, 1963, Section 20 -- Agreement to sell - Hardship of vendor - Pleading and proof - Held, hardship, if any, in execution of sale in pursuance of agreement to sell is not only required to be pleaded but proved as well...........
Agreement to sell -- Suit for specific performance - Suit filed before date fixed for executing the sale deed - Vendor violated the agreement to sell by suffering a collusive decree - This intentional violation of the agreement to sell gave rise to a cause of action to file a suit for specific performance - Held, the law does not countenance a proposition and none can be..........
Arbitration and Conciliation Act, 1996, Section 7(5) -- Arbitration agreement - No clause in contract but contained in an independent document - Law as to when it becomes an arbitration agreement - Summarized - (i) An arbitration clause in another document, would get incorporated into a contract by reference, if the following conditions are fulfilled : (a) The contract..........
