Limitation Act, 1963, Article 54 -- Limitation - Suit for specific performance - Sale was to be completed within a period of six months from date of execution of agreement - Plaintiff had called upon defendant to perform his part of contract by issuing notices within six months of said agreement - However, defendant having failed to respond to any of said notices, it was..........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Agreement to sell entered into in between the parties in the year 2016 - Complainant failed to make entire payment towards purchase of bungalow to appellant in accordance with terms of contract - Almost 16 years have elapsed since parties entered into contract - It would be too much at this point of time to..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff deposited balance sale consideration in Court after seven years after the date by which the sale had to be concluded - No evidence led by plaintiff how he was in a position to pay or make arrangements for payment of balance sale consideration within time - Careful study of balance sheet of..........
Civil Procedure Code, 1908, Order 37, Rule 2 -- Summary suit for recovery - Sale of goods under credit is a kind of routine business contract - Claim of defendants that suit will not fall U.O.37.R.2 CPC cannot be accepted...........
Agreement to sell -- Specific performance - Limitation - Second limb of Art.54 Limitation Act - Second limb of Article 54 of Limitation Act should not be interpreted so as to prolong contract to an uncertain period, unless there is sufficient ground for it and it should be made mentioned in the contract for sale or capable of discernment from attending circumstances..........
Agreement to sell -- Specific performance - Readiness and willingness - Once execution of agreement of sale and receipt of substantial amount towards sale consideration is established, there is nothing more to be proved by agreement holder to establish his readiness and willingness to perform his part of contract...........
Transfer of Property Act, 1882, Section 54, Specific Relief Act, 1963, Section 31, Indian Contract Act, 1872, Section 25 -- Sale deed - Cancellation of sale deed - Sale deed alleged to be executed without receiving any consideration - An agreement made without consideration cannot be held as void, if it is registered under Law or it does not mention about unpaid..........
Transfer of Property Act, 1882, Section 54, Specific Relief Act, 1963, Section 31, Indian Contract Act, 1872, Section 25, Evidence Act, 1872, Section 91, 92 -- Sale deed - Cancellation of sale deed - Sale deed alleged to be executed under coercion and threat and without receiving any consideration - In the sale deed, it is mentioned that sale consideration was received by..........
Agreement to sell -- Specific performance - Concurrent findings of facts of three Courts in favour of plaintiff with regard to plaintiff having proved his readiness and willingness to perform his part of contract - Plaintiff deposited the amount as directed by trial Court before execution of sale deed - No interference warranted in said findings - Suit rightly decreed...........
Agreement to sell -- Oral - Sale agreement can also be oral and it is not necessary that agreement be written - All oral and written agreement should fulfill the conditions specified in S.10 of Contract Act...........
