Agreement to sell -- Specific performance - Readiness and willingness - Registered agreement between parties proved on record - Moreover, institution of suit for specific performance of contract offering to pay balance consideration to defendants for getting valid deed of sale is itself indicative of the fact that plaintiff is always ready and willing to perform his part..........
Agreement to sell -- Specific performance - Payment of balance sale consideration at the time of registration of agreement - No such stipulation in the agreement - Contention thus is hit by S.92 of Evidence Act, inasmuch as, oral evidence cannot override to the registered written agreement - Suit rightly decreed in favour of plaintiff. (Evidence Act, 1872, S.92)...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Non-disclosure of cause of action - Suit for declaration - Plaintiff despite claiming declaration, has not sought any relief for cancellation of sale deed - In the absence of relief of cancellation of said sale deed, suit itself is not maintainable as relief of declaration cannot be granted so long as..........
Indian Penal Code, 1860, Section 420, 467, 468, 120B, 506 -- Cheating - Agreement to sell - Sale of property to third person - Property sold to subsequent vendees much after the relevant date to execute the sale deed - Question of any dishonest intention or cheating did not arise - Civil suit for specific performance already filed - Dispute between parties is purely of..........
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 31 -- Transfer of case - High Court has no jurisdiction to pass orders and give directions to Court Receiver for sale of property in public auction after establishment of DRT Act as proceedings are automatically transferred to DRT - Action of Court Receiver is void ab initio in law - Order of DRT..........
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 24, Limitation Act, 1963, Section 5 -- Limitation - Condonation of delay - Provision of S.5 of Limitation Act is applicable to provisions of DRT Act - DRT ought to examine S.5 while deciding question of condonation of delay - Orders of DRT and DRAT by dismissing application of respondent for..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance - Amendment sought to incorporate a case of fraud and consequential prayer for declaration to nullify the sale of suit property by defendant No.1 to defendant No.2 - However, on the date of institution of suit plaintiff was aware that suit property was sold out to defendant..........
Constitution of India, 1950, Article 366(29A) -- Works contract - Determination test - Works contract which was indivisible one by legal fiction, altered into a contract, is permitted to be bifurcated into two: one for `sale of goods' and other for `services', thereby making goods component of the contract exigible to sales tax - Further, while going into this exercise of..........
Transfer of Property Act, 1882, Section 106, 8, Companies Act, 1956, Section 189, 34 -- Lease of industrial plots to Company - Transfer of interest by Company without consent of lessor - Demand of transfer fee - Lease deed prohibiting transfer of plot, change in memorandum and articles of association, or change in capital structure of lessee company without consent of..........
Agreement to sell -- Specific performance - Limitation - Suit filed within three years from the date of denial on the part of defendants to execute the sale deed - No delay or laches on the part of plaintiffs in seeking remedy by way of suit of specific performance - Suit, held, not barred by limitation...........
