Agreement to sell -- Specific performance of part of contract - When Cl.(ii) of S.12(3) Specific Relief Act, 1963 is not satisfied by agreeing to relinquish all claims to the performance of the remaining part of the contract and all right to compensation, either for the deficiency or for the loss or damage sustained by them due to the default of the appellant, specific..........
Negotiable Instruments Act, 1881, Section 138 -- Dismissal for default -Complainant exempted from personal appearance - Failure of counsel to appear on the date fixed - Dismissal of the complaint in default - Order set aside...........
Agreement to sell -- Stipulation to pay certain sum in case of default in performance - This fact in itself is not decisive whether or not specific performance should be granted. (Specific Relief Act, 1963, S.23)..........
Agreement to sell -- Stipulation to pay certain sum in case of default of performance - Delivery of possession in pursuance of agreement to sell - Held, if the defendant parted with the possession in pursuance of the agreement to sale, there is nothing to doubt that the intention of the defendant was to sell the property - Trial Court as well as Single Judge committed no..........
Civil Procedure Code, 1908, Section 115 -- Revision - Absence of counsel and petitioner - Court has jurisdiction to dismiss revision for default - Plea, that once revision is admitted, cannot be dismissed - Not accepted...........
Negotiable Instruments Act, 1881 -- Dismissal for default - Dismissal of complaint for non-appearance by disallowing application for exemption from personal appearance - Order set aside as complainant was stated to be out of station...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Suit dismissed for default -Restoration - An application U.O.9.R.9 is to be filed - For setting aside order of dismissal separate suit is not maintainable...........
Telephone -- Default in payment of arrears by father - Telephone of son cannot be disconnected - Telephone of one subscriber cannot be disconnected for default of another subscriber...........
Negotiable Instruments Act, 1881, Section 138 -- Notice - If could not be actually served due to the culpable default or deliberate evasion of the accused, then the same would constitute `receipt' of notice...........
Civil Procedure Code, 1908, Order 9, Rule 3 -- Restoration of suit dismissed for default - It is not necessary to produce copy of the decree along with application for setting aside order of dismissal as no decree is contemplated to be drawn up in case of dismissal of suit for non appearance of plaintiff...........
