Agreement to sell -- Consensus ad idem - Exists only if there is clarity in the agreement viz. clarity in reciprocal promise viz. clarity in offer and acceptance. (Contract Act, 1872, S.13)..........
Indian Penal Code, 1860, Section 391 -- Word `conjointly' in S.391 IPC indicates that five robbers act with knowledge and consent and in aid of one another or pursuant to an agreement or understanding i.e. unitedly...........
Agreement to sell -- Specific performance - Ready and willing - Financial capacity to pay - 2/3rd of sale consideration paid immediately on demand - Plaintiff cannot be treated as financially weak and unable to make arrangement of the remaining consideration. (Specific Relief Act, 1963, S.16(c)...........
Agreement to sell -- Specific performance - Ready and willing - Conduct of plaintiff subsequent to execution of agreement and prior to filing of suit along with attending circumstances and also financial capacity of payment for the purpose of his part of agreement must be considered by Court for determining his readiness and willingness. (Specific Relief Act, 1963,..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Suit for specific performance - Whether registered agreement to sell was executed between parties as pleaded in plaint and whether plaintiff had been ready and willing to perform his part of agreement - These are questions of fact and not of law - Such questions of fact can be decided..........
Indian Contract Act, 1872, Section 25, 8, 28 -- Nagpur Improvement Trust Act, 1936, Ss.29 to 70, 121, Land Acquisition Act, 1894, Maharashtra Regional & Town Planning Act, 1966 - Allotment of land, comprised in layout, taken by NIT - Validity of clause - Violation of S.25 of Contract Act - As per Ss.29 to 70, 121 of NIT Act with terms and conditions of development..........
Registration Act, 1908, Section 17(1A), Transfer of Property Act, 1882, Section 53A -- Part performance - Agreement to sell - A plea of part performance in the absence of a registered document, cannot be taken...........
Transfer of Property Act, 1882, Section 53A, 108 -- Agreement to sell by landlord with tenant - Part performance - An agreement to sell by landlord to sell the premises let out to the tenant does not, in the absence of landlord having put the tenant into possession of the property in part performance of the agreement to sell, prevent the landlord from suing the tenant from..........
Agreement to sell -- Does not create any right in the property save the right to enforce the said agreement...........
Agreement to sell -- Oral - Serious dispute about existence of agreement - Decree of specific performance not to be granted...........
