Agreement to sell -- Suit for specific performance - Original agreement to sell has not been produced - Merely because secondary evidence was permitted to be led and document was exhibited, document cannot be said to have been proved...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for possession and recovery of mesne profits - Issues framed in the matter, evidence to be led, would be relevant and matter cannot be decided at this stage in an application U.O.7.R.11 CPC - Suit cannot be rejected at this stage, as parties are also relying upon oral agreement - Suit is almost at..........
Civil Procedure Code, 1908, Order 7, Rule 11, Delhi Rent Control Act, 1958, Section 50 -- Rejection of plaint - Dismissal of application - Suit for eviction - Perusal of issues shows that there is a specific issue in respect of whether property tax is deemed to be part of rent or not - Parties stand that there is an agreement between them that house tax would be part of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Quashing of proceedings - Cheating - False and fabricated document - Complaint filed on the basis that agreement filed in civil suit is forged and fabricated - Though civil suit decreed with finding that agreement in question is forged and fabricated but appeal against the..........
Agreement to sell -- Specific performance - Conduct of plaintiff is very crucial in a suit for specific performance...........
Agreement to sell -- Specific performance - Legal notice claiming readiness and willingness issued on 12.11.1996 but suit filed on 13.10.1999 and that too for mandatory injunction - Plaintiff not entitled to discretionary relief of specific performance...........
Civil Procedure Code, 1908, Section 149 -- Payment of deficient Court fee - Agreement to sell - Plaintiff filed suit for mandatory injunction after more than three years of date fixed under agreement of sale and valued the same and paid Court fee accordingly - He chose to pay proper Court fee after being confronted with an application for dismissal of suit - Plaintiff..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Quashing of proceedings - Offence by company - Complainant issued sanction letter in respect of term loan facility and sanction letter for rescheduling existing term loan and company executed term loan agreement and other loan related agreements and other accused executed agreement of guarantee and..........
Agreement to sell -- Specific performance - Readiness and willingness - It is not necessary for plaintiff to produce ready money, but it is mandatory on his part to prove that he has means to generate consideration amount...........
Agreement to sell -- Specific performance - Readiness and willingness - Continuous readiness and willingness on part of plaintiff is a condition precedent to grant relief of specific performance...........
