Registration Act, 1908, Section 49 -- Unregistered sale deed - Suit for injunction and specific performance cannot be decreed as no title passes in favour of vendee in absence of registration of sale deed/agreement to sale...........
Specific Relief Act, 1963, Section 37, 38 -- Permanent injunction - Two unregistered sale deeds executed under impression that it is collateral security against advancement of loan - Vendor neither admitted delivery of suit property to vendees nor admitted execution of sale deed in the mode and manner as averred by vendees - No title passes in favour of vendee in absence..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Capacity to advance loan - As per accused, he demanded friendly loan of Rs.1,50,000/- and as per complainant at relevant time he was not having Rs.1,50,000/- and gave only Rs.1,35,000/- by borrowing from his Mamaji by mortgaging the gold - However, complainant failed to tell the name of his..........
Civil Procedure Code, 1908, Section 144 -- Restitution - Power vested in Court has to be exercised to ensure equity, fairness and justice for both parties - It flows from common stand of parties on the principle of law that for ascertaining the value of property which is no longer available for restitution on account of sale etc., Court should adopt a realistic and..........
Civil Procedure Code, 1908, Section 144 -- Restitution - Ascertainment of market value of bonds - Bonds in question were tradable commodity on stock market and its value can be easily ascertained either on the date when bonds entrusted by respondents were handed over to appellant bank or at the time when the appellant bank sold it to third parties - It is evidently unjust..........
Agreement to sell -- Specific performance - Sale consideration - Payment of around 70% of total sale consideration - Court will ordinarily grant specific performance unless there are grave reasons and circumstances to decline specific performance...........
Agreement to sell -- Specific performance - Payment of nominal portion of sale consideration i.e. 10% or 20% or some such other near percentage, then Courts depending upon facts of a case, are disinclined to grant specific performance because substantial acts i.e. substantial payments have not been made - On the contrary when substantial payments have been made by a..........
Agreement to sell -- Specific performance - Readiness and willingness - Balance sale consideration - Financial capacity - Purchasing of stamp papers by proposed buyers for completing sale transaction is one of the important aspect to hold that proposed buyers had financial capacity to make the payment of balance sale consideration...........
Indian Contract Act, 1872, Section 55 -- Time essence of contract - Once time for payment of balance sale consideration has been extended beyond fixed date, time of performance can once again become essence of contract only if a specific notice is sent by proposed sellers to the proposed buyers once again making the time, essence of contract...........
Agreement to sell -- Specific performance - Readiness and willingness - Payment of balance sale consideration - Capability - Since 70% of total sale consideration already stood paid and reasonable evidence has been led to show payment of balance sale consideration, therefore proposed buyers/plaintiffs have established their readiness and willingness and financial capacity..........
