Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Interest - Defendant borrowed Rs.3 lakhs for her family necessities but not for business purposes - Plaintiff being a private party was not justified in demanding interest @ Rs.24% p.a - It is thus, just and proper to award interest @ Rs.12% p.a on principal amount of Rs.3 lakhs from date of suit..........
Agreement to sell -- Specific performance - Readiness and willingness - There must be clear and unambiguous proof of a notice as required u/s 16(c) of Specific Relief Act and Forms 47 & 48 of Appendix A of CPC, 1908 - In the instant case plaintiff did not give any notice to defendant of execution of sale deed - Suit for specific performance fails - Defendant shall return..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Loan transaction - Amount claimed in suit is not based on any document executed between parties or by defendant - Defendant has taken a categorical stand that entire loan amount was already repaid with interest - Admittedly, amount was received through cheques - Detailed..........
Agreement to sell -- Specific performance - Non joinder of necessary parties - Plaintiff himself admitted that suit property was jointly owned by defendant, his wife and three sons - Specific objection was also taken by defendant in his written statement with regard to non-joinder of necessary parties - No effective decree therefore, could have been passed in their..........
Agreement to sell -- Specific performance - Contract was breached due to conduct of purchaser who was not willing to perform contract after entering into a time sensitive agreement - Claim of purchaser is thus, hit by delay and latches on their part as they did not take appropriate measures within stipulated time and filing of suit was delayed by almost five years -..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third party - Suit for specific performance - Third party is asserting his right on the premise that he is entitled to recover some amount from plaintiffs in view of back to back transactions - He has no right or interest in subject matter of suit - Third party is neither a necessary party nor a proper party in..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Recovery suit - When in an application for judgment upon admission, admitted amount is under consideration by Court, if decree based on such admission includes interest component, interest part should also have been admitted - Otherwise, interest has to be awarded separately...........
Co-owner -- Rights and liabilities - (i) A co-owner has right and interest in the whole property and also in every parcel and infinitesimal portion of the co-ownership property; (ii) No doubt possession of the joint property by one co-owner is in the eye of law, possession of all even if all but one are actually out of possession; (iii) One co-owner's mere occupation of a..........
Agreement to sell -- Suit for specific performance - Absence of pleading in the plaint that plaintiff is ready and willing to perform his part of the contract - High Court on the basis of affidavit filed in first appeal, that plaintiff is ready and willing to perform his part of the contract, decreed the suit - Held, procedure adopted by High Court to straightaway rely..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant could not keep track of case due to transfer of civil suit from one Court to another - Ex parte decree passed against defendants is for an amount of Rs.2,60,000 with interest @ 6% p.a - However, defendants have shown their bona fides by depositing an amount of Rs.2,60,000 into bank..........
