Criminal Procedure Code, 1973, Section 228 -- Charge - Attempt made to convert a case of mere breach of contract into one of cheating - Nothing to show that accused had intention to deceive at the time when promise was made - Trial Court erred in framing the charge...........
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)...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR and proceedings in furtherance thereto for offence u/ss 420, 467, 471, 472/120-B of IPC - FIR filed after 10 years of original agreement signed between parties - Admittedly, complainant himself gave specific reason in FIR that agreement to sell could not be executed because of variation of price in immovable..........
Civil Procedure Code, 1908, Section 20(c) -- Suit for recovery - Cause of action - In contractual matters part of cause of action arises where either contract is executed or contract has to be performed or where payment has to be or is made or where breach occurs with respect to contract...........
Agreement to sell -- Specific performance - Time as essence of contract - Admittedly, sale agreement stipulate specific time limit for completion of sale transaction either in full or in part - As per flexibility clause, plaintiff can either buy sites in his name or in favour of his nominee during 6 months period - Agreement is of such a nature that it could not be..........
Agreement to sell -- Specific performance - Agreement shrouded in mystery - Money taken for treatment as vendee was serious ill at that time - Land could not have been sold for a paltry sum - Suit filed after six years of execution of agreement even when substantial consideration was paid which shows that agreement was for obtaining money for treatment - Otherwise also..........
Transfer of Property Act, 1882, Section 43 -- Fraudulent transfer - Only condition for seeking protection u/s 43 of the Act is contract between transferor and transferee must be in subsistence during time when former acquires interest...........
Agreement to sell -- Specific performance - Agreement to sell - Share of minor in joint property - Held, share of minor children cannot be alienated without permission of Court - More so, if permission to sell of minor's share is rejected during pendency of suit and vendor has definite share in property excluding minor's share and it was not a composite contract, decree of..........
Civil Procedure Code, 1908, Order 7, Rule 11, Partnership Act, 1932, Section 69(2) -- Rejection of plaint - No averments in plaint that plaintiff partnership firm is registered firm - In absence of firm registration certificate and tenancy agreement, without ascertaining existence of privity of contract, Trial Court has wrongly taken plaint on file by giving go to S.69(2)..........
Arbitration Act, 1940, Section 30 -- Arbitral award - Work contract - Claim for price escalation - Board allowed completion of contract even beyond formal extended date - Provision of price escalation would not bind the claimant beyond scheduled date of completion - Having allowed the claimant to carry out the work much beyond the formal extended date, respondent cannot..........
