Agreement to sell -- Suit for specific performance - Ready and willing - Specific performance cannot be enforced in favour of the person who fails to prove that he is ready and willing to perform the essential terms of the contract which are to be performed by him, other than the terms which are prevented or waived by the defendant...........
Partnership Act, 1932, Section 37 -- Right of outgoing partner - Suit for dissolution of firm - Assets of Firm were taken over by defendant No.4 - If defendant No.4 is carrying on business with the assets of Firm, till a final settlement is made, an outgoing partner has right to seek for accounts and a share in the profits which might be derived from his share in the..........
Adverse possession -- Suit for declaration of title on the basis of adverse possession - Property in question was jointly owned by members of same family - Possession of plaintiffs was in a representative capacity being co-sharer - Merely because a particular co-sharer is not in possession and is residing out of village is not sufficient to prove ouster - Plaintiffs..........
Money suit -- Suit based on dishonoured cheque - Suit against successors of deceased drawer of cheque - Once it is proved that cheque bears signature of deceased drawer then there is presumption u/s 118(a)(b) and 139 of Negotiable Instruments Act...........
Money suit -- Suit based on dishonoured cheque - Suit against successors of deceased drawer of cheque - Plea that an amount of more than Rs.20,000/- cannot be given in cash and that amount allegedly was not shown in the income tax returns of plaintiff - Plaintiff proved his source of income - If there is violation of Income Tax Act then it does not mean that a borrower can..........
Court Fees Act, 1870, Section 7(ivA) -- Ad valorem Court fee - Suit for declaration that gift deed is null and void - Relief claimed is for adjudging the gift deed as null, void as well as forged and fabricated - It is thus, not a simplicter suit for declaration of rights and it clearly falls u/s 7(iv-A) of the Act - Court fee would be payable as per S.7(iv-A) of the Act...........
Civil Procedure Code, 1908, Order 37, Rule 3 -- Summary suit for recovery - Procedure for appearance of defendant - In a summary suit, next date should not be mentioned except requiring the defendant to cause his appearance before the Court within ten days from the date of receipt of summons - If he fails to appear within the said ten days, plaintiff will be entitled for a..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of First appellate Court - Non-framing of points of determination - Suit filed for declaration and therefore findings of first appellate Court in terms of S.96 r/w O.41.R.31 CPC are required - Since first Appellate Court not framed points of determination, matter remitted back to first appellate Court to decide the..........
Legal Services Authorities Act, 1987, Section 21 -- Lok Adalat Award - Suit to challenge the same, by a party to said proceeding, is not maintainable as provision itself says that Lok Adalat award shall be final...........
Evidence Act, 1872, Section 45 -- Handwriting expert - Comparison of signatures - Admitted signatures - Signature scribed in the open Court, vakalat, suit summons and written statement cannot be termed as an admitted signature as there is every likelihood of defendant disguising the signatures...........
