Agreement to sell -- Specific performance - Cannot be declined merely because plaintiff has himself not signed the agreement as execution of agreement between the parties stands admitted even by defendant No.1...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Loss of original agreement not pleaded in the plaint even when agreement was lost before filing of suit - Plaintiff had placed on record attested photostat copy of the agreement and receipt and also copy of the DDR lodged by him regarding loss of agreement and the same were referred to by defendant No.1 in her written..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Existence and execution of original agreement admitted by Defendant No.1 in her written statement - Sufficient ground made out for permitting plaintiff to lead secondary evidence...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Agreement to sell - Suit for permanent injunction - Allowed to be amended for seeking relief of specific performance as relief of specific performance accrued during pendency of suit - Suit for specific performance is deemed to be filed the day application for amendment was filed and not the day on..........
Uttar Pradesh Regulation of Money Lending Act, 1976, Section 18 -- Suit by money lender - Not completely barred - S.18 provides that no suit on the basis of any loan, agreement or security referred to in sub-section (1) of Section 15 shall be instituted by a money-lender, unless at the time of advancing such loan or making such agreement or taking such security (a) such..........
Specific Relief Act, 1963, Section 10 -- Collateral security - Enforcement of - Held, even if the agreement was executed merely as collateral security for the loan, the loan would have to be repaid - Only if the loan is repaid can the agreement be cancelled - If the loan is not repaid the agreement would have to be enforced - If the agreement also cannot be enforced it..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Held, it is settled legal position that in an acquittal appeal, Appellate Court is not required to re-write judgment or to give fresh reasoning when Appellate Court is in agreement with reasons assigned by trial Court acquitting accused...........
Civil Procedure Code, 1908, Section 20, Indian Contract Act, 1872, Section 4(2), (3) -- Suit for recovery - Territorial jurisdiction - Tender for construction of building was called for by defendant-Society from its office situated at "S" - It is also seen that tender for accepting the contract was submitted within territorial jurisdiction of said Court - Contract was also..........
Agreement to sell -- Suit for specific performance - Proof of execution of agreement to sell - Defendant, in his own hand had written on the agreement to sell regarding payment of earnest money - Regarding plea of fraud there is no documentary or oral evidence to substantiate such Plea - Agreement to sell, held, duly proved...........
Agreement to sell -- Specific performance - Ready and willing - Earnest money of Rs.1.10 lacs paid out of sale consideration of Rs.2.25 lacs paid - Plaintiff was present in the office of Sub Registrar on the stipulated date - Held, plaintiff is ready and willing to perform his part of the contract...........
