Agreement to sell -- Specific performance - Imperfect title - Period of limitation cannot be extended by taking a plea of an imperfect title or lack of title as contemplated u/s 13(1) of Specific Relief Act and that there was bar to alienate in view of S.52 of T.P. Act, particularly when plaintiff failed to establish readiness and willingness on his part of performing the..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for specific performance - Issue regarding readiness and willingness being a question of fact was gone into by Courts below and concurrently held that nothing has been brought on record to show that father of plaintiff after entering into agreement with defendant and till his death was ready and willing to..........
Indian Contract Act, 1872, Section 55 -- Time essence of contract - If parties intend to make time as essence of contract it must be expressed in unequivocal language - Intention to make time as essence, if expressed in writing must be in language which is unmistakable, it may also be inferred from nature of property agreed to be sold, conduct of parties and surrounding..........
Specific Relief Act, 1963, Section 28 -- Rescission of contract - Order of rescission of contract could only be passed on an application moved in that regard...........
Bank locker -- Proper procedure for operating and allotting lockers be followed, viz. (a) maintenance of a locker register and locker key register; (b) Locker register shall be consistently updated in case of any change in allotment; (c) Bank shall notify the original locker holder prior to any changes in the allotment of the locker, and give them reasonable opportunity..........
Specific Relief Act, 1963, Section 28 -- Recession of contract - Decree holder did not deposit balance sale consideration for more than ten years - Trial Court rightly rescinded the contract...........
Criminal Procedure Code, 1973, Section 125, Indian Contract Act, 1872, Section 23 -- Maintenance to wife - Agreement relinquishing claim for future maintenance - Waiving of a statutory right is opposed to public policy u/s 23 of Contract Act - An agreement having that impact is void in eyes of law and will not act as estoppel - Wife is entitled to get monthly maintenance..........
Stamp Act, 1899, Section 35 -- Whether the statutory bar contained in S.35 of the Act applicable to instruments chargeable to Stamp Duty u/s 3 r/w Schedule to the Act, would also render the arbitration agreement contained in such an instrument, which is not chargeable to payment of stamp duty, as being non-existent, un-enforceable, or invalid, pending payment of stamp duty..........
Indian Contract Act, 1872, Section 7 -- Contract - Offer and acceptance - Acceptance with a variation - Offer and acceptance of an offer must be absolute - Offer and acceptance must be based or founded on three components, that is, certainty, commitment and communication - When acceptor puts in a new condition while accepting the contract already signed by the proposer,..........
Agreement to sell -- Validity - Stipulating four years period to execute contract - Itself create serious doubt about genuineness of agreement...........
