Transfer of Property Act, 1882, Section 54 -- Sale deed - Non payment of part of sale price - Validity of sale deed - Payment of entire consideration was a condition precedent for transfer of proprietary rights in the suit property - This fact is clearly discernible from the recitals in Clause No.10 & 13 of sale deed - Execution of sale deed and its registration has not..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff contended that cheque was given by him to defendant for part payment - However, it was deliberately not stated that on which date it was given to defendant - Even copy of said cheque has not been placed on record - Alleged cheque was tendered by plaintiff which was in possession of defendant..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of Cheque - Three Cheques dishonoured - Sale of site transaction - Once accused made part payment towards his discharge of liability and accused cannot deny remaining payment - Accused has failed to rebut presumption available in favour of complainant - Accused convicted - Acquittal set aside...........
Consumer Protection Act, 1986, Section 12 -- Agreement to sell - Specific performance - Ready and willing - Nothing substantial was to be performed on the part of vendees - Rather essential part of performance was only the burden of vendor which he failed to discharge - Vendor received major part of sale consideration - Payments made to vendor included substantial amount..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea that there is no privity of contract as contended by accused cannot be accepted as accused has already made part payment - Thus, contention of accused that accused is not liable to pay any amount cannot be accepted - Conviction proper...........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Summary suit - Maintainability - Matter is based on written contract arising out of written purchase orders issued by defendant No.2 on instructions and on behalf of defendant No.1 - Plaintiff had raised invoices against such supplies under purchase orders - Two cheques were issued by defendant No.1 towards part payment..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Defendant No.1 has contested its liability with assertion that it had only been the contractor executing work of defendant No.1 - Cheques allegedly towards part payment against supplies made by plaintiff, had been issued by defendant No.1 - Defendant No.2 thus, raised indeed triable issues,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - When notice itself is vague, the notice would be imperfect for not having specifically contained the demand for payment of outstanding amount and therefore, a notice of demand which requires the drawer to make the payment of entire sum of cheque after having received a part of such amount..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Notice - Part payment made by respondent - Amount of cheque is higher than the amount which actually was due to complainant - Trial Court rightly held that part payment made by respondent ought to have been reflected in the notice issued by complainant - Thus, Court has chosen..........
Evidence Act, 1872, Section 102 -- Loan - Repayment of a part of the loan amount - Plea that it was towards full and final settlement - No written memorandum of compromise/settlement - When there is plea that part payment was towards full and final settlement then there is huge burden on such a party to show that there was a settlement - It is unbelievable that a party who..........
