Transfer of Property Act, 1882, Section 55(6)(b) -- Right of buyer - Charge on seller's interest - Defendant No.3 executed agreement to sell in favour of plaintiff on the basis of prior agreement to sell executed in his favour by defendant Nos.1 and 2 - Defendant No.3 has only agreed to assign plaintiff the rights that he may obtain as per prior agreement in his favour for..........
Agreement to sell -- Holder of agreement does not have any right in suit property and can only seek specific performance of said agreement to sell...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration of ownership - Petitioner sought his impleadment on the ground that defendant no.1 has executed agreement to sell in his favour - He is not in possession of property - Plaintiffs are not seeking any right against petitioner - Petitioner is neither necessary nor proper party in the..........
Kerosene dealership -- Dealership agreement between partnership firm and IOCL - Agreement itself recognises that in the event of death of one of partners, IOCL may continue dealership with said firm - Therefore, on death of one of partners of firm, business of firm would not come to an end in view of Clause 18 of deed of partnership r/w Clause 13 of dealership agreement -..........
Bharatiya Nyaya Sanhita, 2023, Section 318, 316, 60 -- Cheating - Oral agreement between parties - Some money may have been parted with - No civil suit filed for recovery of money - Money cannot be recovered by lodging FIR - This amounts to abuse of process of law - FIR quashed...........
Agreement to sell -- Specific performance - Defendant admitted signature found in reply notice but denied signature in agreements to sell as well as on summons - He contends that signatures were forcefully taken but same was not explained by defendant by placing cogent evidence - Moreover, endorsement at the document clearly discloses that even after execution of sale..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - When cheque is claimed to relate to a large liability, complainant should at least make basic allegations regarding total amount due, sale consideration fixed and date of agreement, payment schedule etc...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from interfering with peaceful possession of plaintiff over suit property - Relationship between parties was of a licensor and licensee agreement - Actual possession remained with defendants - Licensee agreement specifically prohibited any changes in nature of property and..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of jurisdiction of Civil Court - Partition suit based on terms of Foreign Court Judgment - Suit is not for enforcement of divorce decree granted by Foreign Court, but is a suit for partition wherein respondent/wife asserts her rights over certain properties on basis of mutual agreement and..........
Agreement to sell -- Specific performance - Ready and willing - Prime requirement for granting specific performance is proving plaintiff's readiness and willingness to perform the contract - Readiness can be demonstrated through oral or documentary evidence, such as proof of financial capacity or availability of funds - Whereas, willingness refers to purchaser's state of..........
