Agreement to sell -- Specific performance - Co-owners - Execution of agreement by power of attorney holder - Validity - Defendant No.1/power of attorney holder lacked the authority to bind defendant Nos.6 to 8 in the agreement to sell, as GPA did not confer upon him the power to sell the property on behalf of his sisters at the time of agreement, having been impliedly..........
Agreement to sell -- Specific performance - Bona fide purchasers - Agreement in question was not executed by all the co-owners - Agreement to sell was incomplete and unenforceable against Defendant Nos.6 to 8, who held a majority share in the property - Enforcing such an agreement would be inequitable - All the co-owners of property transferred the suit property in favour..........
Agreement to sell -- Specific performance - Co-owners - Plaintiffs failed to demonstrate readiness and willingness to perform their obligations and did not take necessary steps to secure the consent of all co-owners - Granting specific performance would unfairly prejudice the defendants, especially defendant Nos. 6 to 8/co-owners, who never consented to the sale to..........
Agreement to sell -- Minor's property - Agreement to sell executed by defendant No.1 on behalf of minors - No prior permission sought from Guardian Court for execution of agreement qua interest of minor - Said agreement being opposed to public policy and law could not be treated as valid agreement to give rise to cause of specific performance...........
Agreement to sell -- Specific performance - Execution of agreement to sell by defendant No.1 on behalf of herself and on behalf of other defendants including minors - No power of Attorney was there in favour of defendant No.1 and even no permission was sought from the Court of competent jurisdiction regarding selling of property of minors which is sine qua non as per..........
Agreement to sell -- Agreement for sale consists of a clause whereby possession was handed over to purchaser satisfying the requirement to treat the instrument as conveyance and what remained was only formality of execution of sale deed - Such agreement for sale was the principal document on which stamp duty was to be paid...........
Indian Penal Code, 1860, Section 406 -- Offence u/s 406 IPC - Mere breach of a promise, agreement or contract does not, ipso facto, constitute the offence of criminal breach of trust contained in S.405 IPC without there being a clear case of entrustment...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Parties entered into an agreement specifying the conditions of presentation of cheque - Parties are bound by them and cheque could not have been presented before fulfillment of those conditions...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque in question issued by accused with a stipulation that complainant would be entitled to encash it after receiving the bill of contract work by accused - Neither it was mentioned in the complaint nor in proof affidavit that bill was received - Cheque presented without fulfilling of said condition -..........
Agreement to sell -- Specific performance - Ready and willing - Plaintiffs paid major part of sale consideration amount and notice issued by plaintiffs to defendant shows their readiness and willingness - Relief of specific performance rightly granted to plaintiffs...........
