Agreement to sell -- Specific performance - Readiness and willingness - Stipulation of 6 months for completion of sale deed - Effect of filing fixed deposit receipts - Plaintiff did not take any steps to get sale deed executed within prescribed period as such mere production of fixed deposit receipts would not be sufficient to prove his readiness and willingness - Specific..........
Agreement to sell -- Specific performance - Allegation of fraud - At appellate stage without pleading or evidence - Plaintiff made allegation of fraud in respect of suit transaction, without pleading or evidence - Held, same cannot be considered at appellate stage...........
Agreement to sell -- Specific performance - Stipulation of 6 months for completion of sale deed - Conduct of plaintiff in asserting his right belatedly after more than two years - Does not entitle him to seek equitable relief of specific performance...........
Agreement to sell -- Specific performance - Agreement shrouded in mystery - Money taken for treatment as vendee was serious ill at that time - Land could not have been sold for a paltry sum - Suit filed after six years of execution of agreement even when substantial consideration was paid which shows that agreement was for obtaining money for treatment - Otherwise also..........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleading a party - Suit for possession by way of specific performance - During pendency of suit another agreement to sell executed by defendant in favour of petitioner - Application for impleadment of petitioner as party rightly allowed, as he is necessary party to the suit...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit for specific performance - Agreement to sell regarding suit property alleged to be executed between father of defendant no.1 and respondent at a point when eviction had already been ordered against tenant - Respondent is himself a doubtful entity, as he never surfaced either in a Court..........
Agreement to sell -- Specific performance - Co-sharer - Co-sharers of joint property cannot stop one co-sharer from alienating his share - However, such alienation of share is subject to partition and rights of other co-sharers - Further, if one co-sharer enters into an agreement to sell qua his share as well as share of another co-sharer, the other co-sharer shall not be..........
Agreement to sell -- Specific performance - Agreement to sell - Share of minor in joint property - Held, share of minor children cannot be alienated without permission of Court - More so, if permission to sell of minor's share is rejected during pendency of suit and vendor has definite share in property excluding minor's share and it was not a composite contract, decree of..........
Arbitration and Conciliation Act, 1996, Section 8(1) - - Reference to arbitrator - S.8(1) of the Act cannot be construed as a mandate to Consumer Forums constituted under Consumer Protection Act, to refer parties to Arbitration in terms of valid Arbitration Agreement...........
Motor Vehicles Act, 1988, Section 149, 166 -- Compensation - Insurance company could not point out any terms in policy agreement to show that once persons more than registered sitting capacity of vehicle are travelling in vehicle then insurance policy becomes void and insurance company is not liable to pay compensation - Therefore, at best, insurance company can plead qua..........
