Agreement to sell -- Qua ground floor of suit property - Specific performance - Breach of contract - Plaintiff is guilty of breach of contract by not only failing to tender balance sale consideration, in fact defendants sent their legal notice requesting for balance payment which was not complied by plaintiff - Once plaintiff himself is guilty of breach of contract, he..........
Agreement to sell -- Qua ground floor of suit property - Specific performance - Ready and willing - Once plaintiff himself does not seek specific performance but only shows his intention to seek refund of amounts paid by plaintiff to defendants through legal notice, then plaintiff's intention to be always willing to enter into sale deed is admittedly found to be lacking -..........
Agreement to sell -- Suit for specific performance - Time essence of contract - It is mentioned in the agreement that when plaintiff asks defendant then defendant would receive Rs.1 lac as balance consideration and execute the sale deed - These words clearly indicate the intention of parties were not to limit the contract for sale within any period of limitation - Time..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff already paid 2/3rd amount of sale consideration - Said amount of sale consideration was used and usurped by defendant who also enjoyed possession of disputed property - Defendant after receiving the amount did not entered into contract, so it was defendant who committed breach of contract -..........
Auction sale -- Non-compliance of the terms and condition of advertisement - Letter of intent and sale deed - Validity - Requirement to furnish Annual turnover and net worth for last three years is not mandatory condition, as said condition in the advertisement would not fall in the first category of cases - Authorities could therefore validly deviate from and not insist..........
Auction sale -- Reserve price not paid by bidder - Validity of sale deed - Site in question was sold on outright sale basis - No reserve price was fixed while inviting bids from interested parties - Advertisement contemplated payment of bid amount where after sale deed would be executed and not a relationship which would have continued for considerable period warranting an..........
Agreement to sell -- Specific performance - 96.25% of sale consideration paid - If no relief of specific performance is granted it is defendant who will get unfair advantage over plaintiff - Relief of specific performance granted...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Agricultural property - Suit for cancellation of sale deed - Dispute as to ownership of agricultural property still pending in revenue Court - Since civil Court has no right to decide the main relief of declaration and recognition of bhumidhari rights of disputed agricultural property, therefore..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for cancellation of sale deed - Only dispute between parties relating to facts as to whether disputed sale deed was executed by original owner or it was executed by any impostor - Said question is not a question of law but is a question of fact, that can be decided on the basis of evidence adduced by parties,..........
Delhi Value Added Tax Act, 2004, Section 2(1)(zd) -- Proviso - Sale price - When there is no increased component and no liability to pay VAT in respect of such increased component, benefit under proviso ceased to be applicable - Proviso cannot be given operation beyond element of increase, so much so that even after complete roll back, benefit in respect of that amount..........
