Agreement to sell -- Joint property - If undivided share of one of the heirs cannot be transferred, remaining share of other heirs certainly can be transferred...........
Agreement to sell -- Specific performance - Property under mortgage to bank - Plaintiff discharged the mortgage by paying three times the sale consideration - Plaintiff throughout ready and willing to perform his part of the contract - After inducing plaintiff to clear the dues on the clear understanding that defendants will thereafter execute the sale deed, they cannot go..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Post dated cheque given for repayment of loan installment which is also described as security in loan agreement is covered u/s 138 of the Act, as expression security refers to the cheques being towards repayment of installments - Once loan was disbursed and installments have fallen due on the date of..........
Electricity Act, 2003, Section 125 -- Appeal - Power purchase agreement (PPA) - Appellant entered into an agreement to generate and supply power to respondent No.1 - However, appellant could not keep up the time schedule and it made an adhoc arrangement for purchase of power from other sources - For delayed supply from generating sources, while purchasing power from other..........
Specific Relief Act, 1963, Section 19(b) -- Specific performance - Subsequent purchasers - Plea of fraud, undue influence and misrepresentation not available to subsequent purchasers, as they are not party to agreement to sell in question - Said plea only available to defendant No.1, being executant of agreement...........
Specific Relief Act, 1963, Section 20 -- Agreement to sell - Specific performance - Plaintiffs proved execution of agreement to sell - Defendant No.1 admitted his signatures on agreement - Plea taken by defendant that his signatures were obtained by husband of plaintiff by undue influence and misrepresentation of facts not supported by cogent evidence - Valid execution of..........
Specific Relief Act, 1963, Section 16(c) -- Agreement to sell - Specific performance - Ready and willing - Plaintiff ready and willing to perform her part of contract, as she remained present in office of Sub-Registrar on date of execution of sale deed along with balance sale consideration - But defendant did not turn up and despite issuance of legal notice he did not..........
Transfer of Property Act, 1882, Section 41 -- Agreement to sell - Bona fide subsequent purchasers - Appellants not pleaded in their written statement that they acted in good faith taking reasonable care to ascertain that transferor has power to transfer suit land - No reasonable inquiry made by appellants before purchasing suit property - Even otherwise, plea raised by..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - First appellate Court while dismissing application of plaintiff failed to appreciate that additional evidence being in the nature of public document i.e agreement executed between i.e. an agreement executed between plaintiff-corporation and defendant and execution of which agreement..........
Civil Procedure Code, 1908, Section 34, Interest Act, 1978, Section 3(3)(a)(i) -- Interest - Loan agreement - Stipulation as to interest on periodical rests and their capitalization being incorporated in contract is legitimate and prevalent in banking practice, but that does not affect the jurisdiction of Court to award a lesser rate of interest when it is found that..........
