Agreement to sell -- Specific performance - Both the parties at fault - Equity must operate in a manner that prevents unjust enrichment and restores parties to their original position, as far as possible particularly where both parties are at fault - Therefore, directing forfeiture of earnest money would result in an equitable windfall to defendants - Defendants directed..........
Arbitration and Conciliation Act, 1996, Section 23 -- Arbitration proceedings - Statements of claim and defence - When Arbitral Tribunal is constituted claimant is required to file statement and respondent to file his defence statement with counter claim, if any, before arbitrator - Claimant is not bound to restrict his statement of claim to claims raised by him in notice..........
Agreement to sell -- Specific performance - Ready and willing - Agreement to sell for Rs.6.11 crores out of which 90 lakhs paid as earnest money - Plaintiff failed to prove his readiness and willingness - He had not been able to demonstrate that he had necessary financial wherewithal to make balance payment of Rs.5.21 crores on due date - Plaintiff did not even visit..........
Agreement to sell -- Specific performance - Refund of earnest money - Can be granted only where a valid and enforceable agreement of sale is established and plaintiff proves readiness, willingness and entitlement to relief...........
Agreement to sell -- Validity - Security for loan transaction - Substantial portion of consideration paid much prior to execution of agreement - Period of three years stipulated despite balance consideration being negligible - Agreement is proved to be intended only as a security document and not as an agreement of sale - Agreement to sell not a genuine agreement of sale..........
Agreement to sell -- Specific performance - Refund of earnest money - S.22(2) of SRA expressly bars grant of refund of earnest money unless such relief is specifically claimed. (Specific Relief Act, 1963, S.22(2)..........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff seeking specific performance must establish continuous readiness and willingness not merely at the time of institution of suit but throughout the relevant period...........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff was negligent, inactive and lacked continuous readiness and willingness to perform contract within the agreed period - Unexplained delay between agreement and notice, coupled with absence of any contemporaneous act evidencing readiness and willingness, supports refusal of relief - Relief of specific..........
Criminal Procedure Code, 1973, Section 439(2) -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.483(3) - Cancellation of anticipatory bail - Cancellation sought on the ground that respondent failed to comply with terms of settlement/agreement arrived at between parties during pendency of anticipatory bail - However, it is nowhere mentioned in order if respondent failed to..........
Agreement to sell -- Specific performance - Ready and willing - To prove readiness and willingness, there has to be continuous readiness and willingness of a party during all stages including at all times during pendency of suit...........
