Agreement to sell -- Specific performance - Execution of agreement proved - No proof that execution of agreement was in lieu of security of loan - Recital in agreement and evidence that there was intention to deliver possession - Subsequent purchaser deemed to be in knowledge of agreement as he resident of the same village - Plaintiff spent huge sums of money to improve..........
Civil Procedure Code, 1908, Order 14, Rule 1, Negotiable Instruments Act, 1881, Section 118 -- Promissory note - Passing of consideration - Burden of proof - Held, it will be on the part of defendant to show that the promissory note is not supported by consideration - According to the issue framed by trial court, it is for plaintiff to prove the passing of consideration,..........
Negotiable Instruments Act, 1881, Section 4 -- Promissory note - Execution - Proof - Initial burden discharged by promisee - Burden shifted to maker to prove that promissory note was not supported by valid consideration - Maker miserably failed to send reply to demand notice of plaintiff-promisee - Maker having denied his won documents and his own signatures found in..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proof - Respondent demanded money for providing job to petitioner - Petitioner paid money for getting job - Respondent failed to provide such job - Thereafter being demanded respondent issued two cheques for return of money - Held, first part of agreement relating to demand and receipt of consideration..........
Specific Relief Act, 1963, Section 28 -- Specific performance - Suit for - Readiness and willingness - Proof - Almost entire sale consideration (about 97%) had been paid as earnest money and only Rs.1000/- were to be paid more - Held, it cannot be accepted that plaintiff was not having money to pay balance sale consideration or that he did not have money to bear expenses..........
Agreement to sell -- Specific performance - Ready and willing - It was not necessary that entire amount of consideration should be kept ready by plaintiff to show that he was ready and willing to perform his part of the contract and he is not required to show proof in respect thereof. (2009(1) Apex Court Judgments 739 (S.C.) : 2009(2) Civil Court Cases 001 (S.C.)...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 114 -- Dishonour of cheque - Legally enforceable debt or other liability - Discharge of onus by accused - Held, accused can discharge onus by relying upon S.114 of Evidence Act while adducing evidence as to common course of natural events, human conduct and public or private business to prove no,..........
Rent and Eviction -- Sub letting - To prove subletting production of affirmative evidence showing payment of monetary consideration by sub-tenant to the tenant is not necessary - Inference as to subletting can be drawn from proof of delivery of exclusive possession of the premises by tenant to sub-tenant...........
Criminal Procedure Code, 1973, Section 311 -- Summoning material witness - Application moved by prosecution u/s 311 CrPC for tendering handwritten documents and proof of signature of deceased - Contention that documents were not part of challan, hence, cannot be produced in evidence - Held, handwritten documents found to be necessary for just and proper decision of case -..........
Specific Relief Act, 1963, Section 16(1)(c) -- Specific performance of contract - Readiness and willingness - Proof - Apart from self serving statement of plaintiff, there is no material whatever produced to substantiate the same that he had capacity to pay balance amount of Rs.12,73,000/- - Defendants stated in their examination-in-chief that plaintiff was not ready and..........
