Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan - Commission agent - Pre existing `Arhant' relationship between parties - If payment has been made by complainant to accused, it cannot be assumed to be a loan unless otherwise proved - Account books cannot be equated with a promissory note - No explanation as to why loans were given without..........
Suit for Specific Performance -- Liability to pay compensation - - Defendant No.7 has purchased one acre of land under registered sale deed - First defendant has alienated one acre of land in favour of defendant No.7 after expiry of the period stipulated vide agreement - Defendant No.7 has stated that he would not have purchased this property if he had known that there..........
Suit for Specific Performance -- Liability to pay compensation - - Defendant No.7 has purchased one acre of land under registered sale deed - First defendant has alienated one acre of land in favour of defendant No.7 after expiry of the period stipulated vide agreement - Defendant No.7 has stated that he would not have purchased this property if he had known that there..........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Accused filed an application u/s 391 Cr.P.C for proving an agreement on the ground that said agreement was not traceable when trial was going on - He availed as many as 27 effective opportunities to lead his defence evidence - No reason has been assigned in the application for delay in..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Once the amount has been agreed to repay by accused and he issues cheque under his signature, then this agreement to return the money was not in any way tainted by any illegality as by doing so accused infact agreed to disgorge his ill gotten gains and cheque so received by him for discharge of legal..........
Agreement to sell -- Specific performance - Readiness and willingness - It is not necessary that plaintiff in a case for specific performance has to produce money or vouch a concluded scheme for financing the transaction to prove his readiness and willingness in order to successful claim of decree of specific performance...........
Agreement to sell -- Specific performance - Readiness and willingness - Willingness can be gathered from the conduct of party and readiness can be gathered from his capacity to pay the amount...........
Agreement to sell -- Specific performance - Readiness and willingness - Finding of readiness and willingness of plaintiff is necessarily a finding of the fact which has to be rendered by Court on the basis of nature of agreement and evidence and material on record in the context of readiness of parties...........
Agreement to sell -- Specific performance - Readiness and willingness - Defendant denied the execution of agreement - However, plaintiff has duly proved the agreement - Neither averment in written statement that plaintiff was not ready and willing to perform his part of contract nor there was any suggestion to that effect in the cross-examination of plaintiff - Plaintiff..........
Agreement to sell -- Specific performance - Grant of alternative relief of refund of earnest money whereas alternative relief claimed was refund of earnest money and damages - Total sale consideration was Rs.5825/- and plaintiff had paid total sum of Rs.4945/- - Merely refunding the earnest money paid after 60 years will be unreasonable, as plaintiff after booking the..........
