Agreement to sell -- Validity - Signatures and thumb mark on last page out of three pages - Large blank spaces on the first and second page of agreement and absence of thumb impression/signatures of parties and the attesting witnesses on these two pages, fortifies the conclusion that disputed agreement was transcribed on one of the blank stamp papers on which the thumb..........
Agreement to sell -- Specific performance - Co-owners - Execution of agreement by power of attorney holder - Agreement in question did not mention GPA or indicate that defendant No.1 was acting on behalf of his sisters/co-owners - Defendant No.1 signed the agreement solely in his capacity and there was no representation made to plaintiffs that he had the authority to bind..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Dealership agreement - Liability of owner of vehicle - Clauses in dealership agreement would indicate that they deal with company's/Hindustan Motors liability in respect of any defect in the motor vehicle - They limit the company's liability in respect of any defect in the motor vehicle to the company's..........
Agreement to sell -- Suit for specific performance - Earnest money - Order as to pay double of earnest money can be passed only if plaintiff proves damages to that extent - In the absence thereof, plaintiff is only entitled to refund of earnest money...........
Agreement to sell -- Suit for specific performance - Earnest money - Order as to pay double of earnest money can be passed only if plaintiff proves damages to that extent - In the absence thereof, plaintiff is only entitled to refund of earnest money...........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Accused filed an application u/s 391 Cr.P.C for proving an agreement on the ground that said agreement was not traceable when trial was going on - He availed as many as 27 effective opportunities to lead his defence evidence - No reason has been assigned in the application for delay in..........
Agreement to sell -- Specific performance - Readiness and willingness - Mere presence of plaintiff before Sub-Registrar would be of no avail when it is not proved that plaintiff was ready with money - Absence of defendant on that occasion cannot be put against him...........
Agreement to sell -- Validity - Once purchase of stamp paper used for the purposes of execution of agreement to sell was doubtful, in the absence of examination of person to support said purchase, agreement to sell rightly discarded by Courts below especially when none of marginal witness belong to the same village to which parties to it belonged...........
Agreement to sell -- Specific performance - Grant of decree of specific performance - It is desirable to give reasons but not imperative so long as it is evident to any superior Court hearing an appeal that direction to grant specific performance is based on relevant considerations borne out from the record - Absence of reasons would not vitiate the decree. (Specific..........
Specific Relief Act, 1963, Section 31 -- Cancellation of gift deed - Plaintiff relying upon agreement to sell which is neither executed by owner of property nor by his power of attorney but is executed by a person, who has no authority in law to enter into an agreement to sell - Even otherwise also, agreement to sell is unregistered and in absence of registration of..........
