Agreement to sell -- Specific performance - Agreement to sell executed by defendant No.1 on behalf of himself and also on behalf of defendant Nos.2 to 7 - Defendant No.1 had no authority to execute agreement on behalf of defendants No.2 to 7 - Simply because other defendants used to abide by acts of defendant No.1 will not clothe defendant No.1 with the authority to enter..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Limitation - Suit for specific performance of an oral agreement to sell - Plaint does not disclose any clear cause of action - Clever drafting methodology used to create semblance of cause of action - Plaint alleged to be barred by limitation being filed after lapse of period of 3 years from date of..........
Agreement to sell -- Specific performance - Ready and willing - Material on record shows that defendants have failed to take steps in matter as per terms of agreement in order to obtain permission from District Magistrate for transferring of property in dispute - Defendants are negligent as they have not performed their obligation arising out of agreement - It is clearly..........
Agreement to sell -- Specific performance - Unless time is affirmatively stipulated in contract as essential for performance, failure of plaintiff to perform on very next day fixed in contract for performance does not necessarily defeat suit for specific performance...........
Specific Relief Act, 1963, Section 20(2)(a), 20(2)(b) - - Agreement to sell - Specific performance - Exercise of discretionary power - Held, if under terms of contract, plaintiff gets an unfair advantage over defendant, Court may not exercise its discretion in favour of plaintiff - If it is inequitable to grant specific relief, then also Court would desist from granting..........
Specific Relief Act, 1963, Section 13(2) -- Agreement to sell - Specific performance - Mortgaged property - If vendor professes to sell unencumbered property but if same is mortgaged, then vendor has only a right to redeem it and purchaser may compel him to redeem mortgage and to obtain a valid discharge...........
Arbitration and Conciliation Act, 1996, Section 7 -- Arbitration agreement - Reference to arbitrator - Held, unless an arbitration agreement stipulates that parties agree to submit all or certain disputes which have arisen or which may arise in respect of defined legal relationship, whether contractual or not, there cannot be a reference to an arbitrator - S.7 of the Act..........
Arbitration and Conciliation Act, 1996, Section 7 -- Arbitration agreement - Arbitration clause - Interpretation of - Clause 48 of agreement provides for parties to amicably settle any disputes or differences arising in connection with contract - But it does not provide for any procedure which would remotely indicate that concerned engineer is required to act judicially as..........
Agreement to sell -- Specific performance - Defendant opposing suit on the ground that property in question was joint Hindu family property and there was no legal necessity to sell it - Neither in revenue record nor in agreement there was whisper that property belongs to Joint Hindu family - Defences available under Specific Relief Act and under provisions of Contract Act..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - No person can be convicted or prosecuted in a proceeding u/s 138 of the Act, who indemnifies the principal debtor for his liability towards the complainant unless such guarantor enters into an agreement with the holder of the cheque...........
