Allotment of land -- Development agreement executed between APIIC and Unitech - Breach of agreement - Refund of amount paid - APIIC made allotment of land subject to outcome of pending litigation - Unitech paid total purchase price not in dispute - Failure of title in erstwhile APPIIC and Government of A.P attained finality - Failure of title entitles Unitech to claim a..........
Evidence Act, 1872, Section 91, 92 -- Oral evidence - Written evidence sought to be excluded by oral evidence - Onus is on the person who wants to exclude such written evidence by oral evidence to adduce evidence sufficient to exclude the written evidence - In the instant case plaintiff has not produced sufficient evidence to establish that agreement was executed by..........
Civil Procedure Code, 1908, Section 80(2) -- Notice u/s 80(2) CPC - Suit for declaration against termination of lease agreement - Prayer made in suit as well as application U.O.39.Rr.1, 2 CPC would necessarily have to be decided by trial Court after issuing notice to defendants - Urgency as pleaded by plaintiff in plaint and in application U/s 80(2) CPC cannot be..........
Agreement to sell -- Specific performance - Readiness and willingness - Subsequent purchaser can challenge readiness and willingness on the part of plaintiff...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Claim in suit based on an agreement executed through power of attorney holder - Court is not debarred from looking into power of attorney - It is open to Court to read terms of Power of Attorney alongwith plaint in the same manner as documents appended to the plaint, which form part of the plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plea of plaintiff that plaint discloses triable issued as such plaint should not be rejected at the initial stage - Entire base of filing of suit is pre-emption agreement executed by Power of Attorney holder - To confer a right and to bind the owner, there has to be a valid Power of Attorney - In the..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - `To do all lawful acts' a clause in the power of attorney does not authorise the attorney to sell the land - Acts mentioned in the Power of Attorney are in respect of Court proceedings - There is no clause permitting attorney to sell the property or to enter into any agreement to sell - In the absence of..........
Civil Procedure Code, 1908, Order 21, Rule 2 -- Execution - Settlement - Objection by JD - If parties have settled their differences and executed agreement, satisfaction of decree has to be certified in the manner indicated U.O.21.R.2 CPC - In the absence of any certification of satisfaction of decree, JD cannot object execution of decree pointing out settlement between..........
Transfer of Property Act, 1882, Section 105, Easements Act, 1882, Section 52 -- Lease or license - Intention of parties were never to create a relationship of lessor and lessee - Prior agreement between parties superseded by subsequent agreement - Defendants did not even step into witness box to establish that they were lessees not merely licensees of suit premises - There..........
Divorce by mutual consent -- Petition filed in pursuance of compromise by parties in mediation which was referred to in a pending proceedings and memorandum of settlement was recorded by Court - Thereafter wife cannot withdraw consent unilaterally - Held, once parties agree to file a joint petition, pursuant to an agreement/compromise in pending proceedings, then parties..........
