Agreement to sell -- Scribe of agreement - There is no requirement that Scribe should have a valid licence for the purpose of scribing agreement - Even parties on their own can put terms and conditions with regard to sale and purchase of land...........
Contract -- Termination - Power purchase agreement - Delay in commissioning the project - Delay occurred due to unavoidable circumstances like resistance faced at allotted site and subsequent change of location of project - These circumstances though not a force majeure event, time taken by respondent in change of location and construction of plant have to be kept in view..........
Agreement to sell -- Specific performance - Time if essence of contract - Plaintiff agreed to purchase mortgaged property by paying balance sale consideration directly to bank to clear mortgage debt within 15 days of sale agreement - It is further entered in agreement that if payment is not made within stipulated time, agreement shall stand cancelled - Time was thus,..........
Agreement to sell -- Specific performance - Dismissal of suit - Once the bargain to sale/purchase of any land fails, unsuccessful buyer becomes entitled in law to claim refund of earnest money from seller u/s 22 of the Act. (Specific Relief Act, 1963, S.22)...........
Electricity Act, 2003, Section 94, 181 -- Powers of Appropriate Commission - Power Purchase Agreement (PPA) - Whether Commission has power to amend tariff despite terms of PPA - Held, yes, Commission has powers. 2016(8) SCC 743 followed...........
Electricity Act, 2003, Section 61, 62, 64, 95, 181 -- Gujarat Electricity Regulatory Commission (Conduct of Business) Regulations, 2004, Regulation 80, 81, 82 - Inherent power of Commission - Amendment of Power Purchase Agreement (PPA) - Held, that exercise of power which has effect of amending PPA by varying traffic can only be done as per statutory provisions and not..........
West Bengal Government Land (Regulation of Transfer) Act, 1993, Section 86(1)(d) -- Agreement to sell - Applicability of provisions of Societies Act - Jurisdiction of Arbitrator to decide the dispute - Object of society is to establish cooperative basis, settlements or housing schemes and in furtherance of said object it can procure lands on purchase, hire, sell, lease or..........
Agreement to sell -- Part performance - When defaulting party can perform his part of contract only to extent he owned property and plaintiff is ready to purchase property which is actually owned by defendant then there is no difficulty in decreeing suit for specific performance to that extent. (Specific Relief Act, 1963, Ss.12(2), 12(3)...........
Registration Act, 1908, Section 17, 49, Stamp Act, 1899, Section 35 -- Purchase of property jointly by three persons - Shares not prescribed - Agreement executed on the same day indicating respective shares - After seven years a map disclosing shares in the property as per agreement - Agreement and map unregistered and unstamped - It is in effect a deed of partition with..........
Agreement to sell -- Specific performance - Oral agreement to sell - Specific performance - Parties orally agreed to sell property for Rs.14.50,00,000 - No evidence to show as to what conditions were stipulated between parties and how payment was to be made and time stipulated etc. - No steps taken by plaintiffs to pay remaining sale consideration - Plaintiffs failed to..........
