Limitation Act, 1963, Article 54 -- Limitation - Suit for specific performance - Where no period, time or date for execution and registration of sale deed is stipulated by parties while executing agreement to sell, limitation would begin to run only if plaintiff has a notice of fact that performance has been refused as per second part of Art.54 of the Act...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Earlier suit for injunction and subsequent suit for possession on basis of agreement to sell consolidated by trial Court - Though some of issues may overlap in both the suits but entire subject matter in controversy is not the same in both the suit - Moreover, whether decision in earlier suit would operate..........
Special Marriage Act, 1954, Section 28 -- Divorce by mutual consent - Settlement agreement - Dispute between parties stands amicably resolved with settlement agreement - Essential terms of first agreement executed between parties are retained by parties and rather they have also partly acted upon the same - Decree of divorce by mutual consent granted in terms of settlement..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Agreement in question is determined as licence for continuing existing business - Bombay Rent Act does not cover such arrangements - Jurisdiction of civil Court is not ousted...........
Agreement to sell -- Specific performance - Agreement of sale was executed in 1980 - Issue with regard to price of land - Defendants never pleaded categorically as to what was price of land at the relevant time and he did not even establish or prove as to what was price of adjacent land - Defendants did not file any other sale deed of adjacent land to suit land -..........
Agreement to sell -- Specific performance - Plea that defendant is a farmer and apart from the suit land, he is left with no other land ad it would be inequitable if specific performance of contract is enforced - However, defendant categorically stated that post the agreement in question, he sold land to various persons - He was having large chunk of land which defendant..........
Power Purchase agreement -- Reduction in tariff - Delay in commissioning the project - There is no dispute that Scheduled Commissioning date shall be 12 months from effective date - Effective date is 17.10.2016 and if such date of event is excluded, Scheduled Commissioning date would be 17.10.2017 - There is also no dispute that power was injected from solar plants on..........
Electricity Act, 2003, Section 81, Jharkhand State Electricity Regulatory Commission (Electricity Supply Code) Regulations 2005 -- Regn.9.2.1 - Electricity - Reduction of sanctioned load - Respondent applied several times for enhancement of electricity load by agreements - Application for reduction of load was rejected on the ground that application was filed before expiry..........
Agreement to sell -- Specific performance - Compensation in lieu of decree for specific performance - Where contract for no fault of plaintiff becomes impossible, Court to award compensation in lieu and substitution of specific performance. (Specific Relief Act, 1963, S.21)..........
Agreement to sell -- Specific performance - Compensation in lieu of decree for specific performance - Suit property acquired before final decree could be passed - Plaintiff will be deemed to be in shoes of defendant and therefore shall be entitled to entire compensation, determined and awarded under provisions of Land Acquisition Act together with interest and solatium -..........
