Agreement to sell -- Suit for specific performance - Respondents Nos.2 & 3 put in possession after institution of suit and as such were not bona fide purchasers - If such acts are allowed no contract will be enforced and parties will try to avoid contract by inducting third party in possession - Decree of trial Court granting decree for specific performance upheld...........
Specific Relief Act, 1963, Section 16(c) -- Ready and willing - Specific averment in plaint that as per conditions in the deed of agreement for sale, plaintiff is willing to pay fees which is required for the sale-deed, cost of registration and the balance amount -Averments contain statement about readiness and willingness on part of appellant to perform his part of..........
Transfer of Property Act, 1882, Section 7, Specific Relief Act, 1963, Section 17 -- Power of Attorney executed conferring power to manage property and negotiate for sale with prospective buyers - Such attorney has no authority to strike a bargain and perform deal - Agreement of sale executed by such power of attorney holder - Does not entitle to claim for specific..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Agreement to sell confers no title on a willing purchaser - The intended purchaser is not entitled to injunction restraining the true owner from interfering in his possession...........
Agreement to sell -- Pleading - Plaint must contain averment of statement as required by S.16(c) Specific Relief Act - Absence of this pleading - Suit is liable to be dismissed on this ground. (Specific Relief Act, 1963, S.16(c)...........
Agreement to sell -- Failure to plead `Readiness and Willingness' - Suit dismissed on this count - In such situation return of earnest money, directed with interest...........
Electricity -- Minimum guarantee charges - Erratic supply - Board could not supply the required quantity - Board charged the minimum guarantee charges - High Court directed the Board to give proportionate reduction - Clause 13 of the agreement provided for reduction provided any one of the conditions enumerated therein had occasioned - Application to be made to the Chief..........
Arbitration Act, 1940, Section 2(a), 33, 46 -- Arbitration agreement -Existence and validity - Should be decided by the civil Court and the Arbitrator cannot clothe himself with the jurisdiction to conclusively decide it by himself as a jurisdictional issue...........
Arbitration Act, 1940, Section 2(a), 33, 46 -- Arbitration agreement- Existence and validity - Should be decided by the civil Court and the Arbitrator cannot clothe himself with the jurisdiction to conclusively decide it by himself as a jurisdictional issue...........
Consumer Protection Act, 1986, Section 21 -- Housing - Purchase of flat - Agreement entered into - No progress in construction - Cancellation of agreement sought by notice - Refund demanded - Cheque paid as part payment - Dishonoured - Interest paid subsequently - Deficiency in completing construction - State Commission directed refund of amount with interest - Order..........
