Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Dispute between parties settled by executing memorandum of settlement agreement - Accused already paid the amount settled between parties - Offence in question allowed to be compounded by invoking powers u/s 147 of the Act r/w S.320(8) Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Dispute between parties settled by executing memorandum of settlement agreement - Accused already paid the amount settled between parties - Offence in question allowed to be compounded by invoking powers u/s 147 of the Act r/w S.320(8) Cr.P.C...........
Indian Penal Code, 1860, Section 34 -- Common intention - Common intention does not mean that co-accused persons should have engaged in any discussion or agreement so as to prepare a plan or hatch a conspiracy for committing the offence - It can be formed a minute before the actual happening of incidence or even during the occurrence of incidence...........
Agreement to sell -- Specific performance - Readiness and willingness - Even if defendant remains ex parte, decree would not follow automatically and plaintiff has to establish by pleadings as well as by proof that he has always ready and willing to perform his part of contract...........
Agreement to sell -- Specific performance - Readiness and willingness - Mere presence of plaintiff before Sub-Registrar would be of no avail when it is not proved that plaintiff was ready with money - Absence of defendant on that occasion cannot be put against him...........
Agreement to sell -- Specific performance - Readiness and willingness - It is not enough for plaintiff to be merely willing to complete transaction but he must also exhibit readiness coupled with said willingness to satisfy Court that he had wherewithal to pay balance sale consideration and he was willing to go ahead and pay same and complete sale transaction - Unless both..........
Agreement to sell -- Specific performance - Readiness and willingness - S.16 of Specific Relief Act is a personal bar to relief - Even if it is accepted that conduct of defendant is also material but first and foremost it is for plaintiff to establish that he was ready and willing to perform his obligations...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff miserably failed to show that he had sufficient funds at the relevant points of time - Despite specific demand made by defendant plaintiff has not come with balance money and offered/paid to defendant - Readiness and willingness on the part of plaintiff not proved - Decree for specific..........
Agreement to sell -- Specific performance - Where substantial part of sale consideration is paid when suit agreement is executed or at any time before action is brought, discretion generally ought not be exercised against granting specific performance u/s 20 of Specific Relief Act...........
Evidence Act, 1872, Section 91, 92 -- Oral evidence to contradict contents of document - Agreement to sell - Parties ought to be bound by terms of written deed or contract and it is only in most extraordinary circumstances, suggesting a sham transaction or an entirely different one from which had been scripted in contract or deed, that oral evidence may be considered..........
