Agreement to sell -- Specific performance - Readiness and willingness of plaintiffs is not a matter of assumptions, rather same has to be proved by evidence to be led before Court...........
Agreement to sell -- Specific performance - Readiness and willingness - Except solitary and self serving statement of plaintiff, there is no material on record to show either the factum of availability of money with the plaintiffs on the said date when they have claimed to have appeared before Sub Registrar or show that they even visited office of Sub Registrar for the..........
Negotiable Instruments Act, 1881, Section 138, Indian Contract Act, 1872, Section 23(f) -- Dishonour of cheque - Cheque issued towards return of money advanced by complainant to accused to provide a job to son of complainant - Such an agreement was not enforceable by law, as it is against public policy and is void - Debt or other liability under such agreement cannot be..........
Agreement to sell -- Oral agreement to sell - Specific performance - Plaintiff and defendants were close friends - Payment of Rs.70,000 and handing over possession of suit block thus, not sufficient in the absence of cogent and reliable evidence to establish the oral agreement for sale - Burden is on plaintiff to prove with certainty that there was an oral agreement of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Re-examination of complainant - Accused has nowhere mentioned as to how recalling of complainant is essential for just decision of case - Only ground taken by accused is that due to inadvertence, his counsel did not ask questions regarding veracity of..........
Agreement to sell -- Specific performance - Time essence of contract - When specific performance of terms of contract has not been done, question of time being the essence does not arise...........
Agreement to sell -- Specific performance - Readiness and willingness - Defendants contended that plaintiff was not having sufficient funds to pay balance sale consideration - Contention has no substance as plaintiff successfully established her readiness and willingness to perform her part of contract by paying balance sale consideration...........
Agreement to sell -- Specific performance - Readiness and willingness - Defendants failed to perform their obligation with regard to demarcation of property - Unless vendor got subject land measured and demarcated within three months it is impossible for purchaser to get sale deed executed - Question of paying balance sale consideration as such, does not arise - However,..........
Agreement to sell -- Refund of advance amount - If there is a specific forfeiture clause on non-performance of agreement by vendee entitling vendor to forfeit money advanced to him, vendee cannot have a premium on his non-performance and claim that forfeited amount should be refunded to him...........
Agreement to sell -- Refund of advance amount - Non-performance of agreement by plaintiff - Court committed error by passing decree in favour of plaintiff to pay double amount of earnest money - If there is a specific forfeiture clause on non-performance of agreement by vendee entitling vendor to forfeit money advanced to him, vendee cannot have a premium on his..........
