Agreement to sell -- Specific performance - Readiness and willingness - Financial capacity - Just one line in the cross examination that plaintiff has brought his bank account statement, without any details, whatsoever, it cannot be said that such evidence exists which Court must believe for holding that plaintiff has proved his financial capacity...........
Agreement to sell -- Specific performance - Readiness and willingness - Financial capacity - No documentary evidence whatsoever filed by plaintiff with respect to his financial capacity - No income tax returns filed - No proof of bank deposits filed - No proof that balance sale consideration existed in the bank account of plaintiff filed - No documents filed to show that..........
Motor Vehicles Act, 1988, Section 98, 66, 88 -- Inter-State permit - Non-air conditioned private buses - Reciprocal agreement between State of Punjab and U.T Chandigarh - Agreement permitting no, A.C buses for which State of Punjab had issued permits prior to 1966 and it continues to be renewed by State of Punjab to operate in U.T - S.88 of the Act provides..........
Agreement to sell -- Specific performance - Readiness and willingness - Preparation of two demand drafts each in sum of Rs.5 lakhs and ultimately cancellation of same on account of their no, receipt by defendant is proved on record - Witnesses appeared in the context of preparation of demand drafts and cancellation thereof - Issuance of notice by plaintiff was admitted in..........
Agreement to sell -- Specific performance - Agreement dated 1993 subsequent to agreement to sell was produced on record by defendant to show that vendee agreed to pay Rs.50 lakhs extra to vendor - However, said pleadings and evidence brought on record were out of context of lis between parties arising out of original agreement to sell dated 1992 on the basis of which suit..........
Agreement to sell -- Specific performance - Execution of agreement to sell dated 1992 was proved on record - Said agreement was admitted document between parties - Factum of Rs.20 lakhs received by defendant in furtherance of agreement to sell was also admitted fact - Receipts of earnest money and second installment were also admitted - Plaintiffs also proved on record..........
Agreement to sell -- Specific performance - Plaintiff failed to prove passing off consideration under sale agreement, he is thus, not entitled to equitable relief of specific performance...........
Agreement to sell -- Specific performance - Legal notice - Once defendant denied second legal notice by issuing reply, no, reply to first legal notice is insignificant...........
Agreement to sell -- Specific performance - Time essence of contract - Time is not essence of contract unless parties to the contract intend to make time as an essential condition for performance of the contract. (Contract Act, 1872, S.55)..........
Agreement to sell -- Specific performance - Readiness and willingness - Two demand drafts prepared by plaintiff and ultimately got cancelled on account of non receipt by defendant - Plaintiff got his presence marked from Sub Registrar - Notice issued by plaintiff but defendant did not ask plaintiff to send demand drafts to him - All these facts cumulatively go in favour..........
