Specific Relief Act, 1963, Section 28 -- Recession of Contract - At the instance of subsequent purchaser - Not permissible at the instance of a person not party to agreement...........
Agreement to sell -- Specific performance - Agreement in question is proved on record - There was no fraud or misrepresentation at the time when agreement to sell was entered into - Plaintiff was always ready and willing to perform his part of agreement as he had put to notice defendant to reach Registrar's office - Relief of specific performance granted to plaintiff...........
Guardians and Wards Act, 1890, Section 25 -- Custody of minor - Husband and wife entered into settlement, out of Court, on their own free will and volition - Marriage between parties dissolved on basis of said agreement/settlement - However, later on husband stopped sending child with wife as agreed between parties - Parties are estopped from wriggling out of agreed terms..........
Civil Procedure Code, 1908, Order 7, Rule 11, 10 -- Rejection of plaint - Jurisdiction - Court while deciding application U.O.7.R.11 CPC not to make any observation on merits of case - In the instant case order as to return of plaint upheld but observation of Court with regard to contents of agreement/sale deed shall be considered to be obiter and not to be taken into..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Production and proof of agreement relating to alleged transaction between complainant and accused - Case of complainant is not based on this document but it is based on dishonoured cheque - It is not that attempt of complainant in..........
Court Fees Act, 1870, Article 1 - - Ad valorem Court fee - Agreement to sell - Suit for possession, declaration and cancellation of agreement to sell - Plaintiff is executant of agreement seeking cancellation of agreement to sell - He is required to pay ad valorem Court fee...........
Agreement to sell -- Specific performance - Plaintiff has admitted that defendant had taken a loan vide promissory note and receipt - Both the Courts below have found that plaintiffs are not entitled to decree for specific performance - More so, agreement to sell cannot be ordered to be specifically performed as there are material contradictions in evidence of various..........
Agreement to sell -- Specific performance - Agreement could not be specifically performed because of various reasons - Since defendants themselves admitted that they borrowed Rs.1,50,000/- from plaintiff as such decree of refund of Rs.1,50,000/- passed payable alongwith interest at the rate of 7.5% from the date of loan till its realization, even when there is no prayer..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance on the basis of unregistered agreement to sell is maintainable - Order rejecting plaint, set aside...........
Agreement to sell -- Specific performance - Ready and willing - Even in the absence of defence put forth, plaintiff is required to prove his readiness and willingness and that aspect of the matter is to be considered by Courts...........
