Agreement to sell -- Specific performance - Readiness and willingness - It is not necessary that plaintiff in a case for specific performance has to produce money or vouch a concluded scheme for financing the transaction to prove his readiness and willingness in order to successful claim of decree of specific performance...........
Agreement to sell -- Specific performance - Readiness and willingness - Willingness can be gathered from the conduct of party and readiness can be gathered from his capacity to pay the amount...........
Agreement to sell -- Specific performance - Readiness and willingness - Finding of readiness and willingness of plaintiff is necessarily a finding of the fact which has to be rendered by Court on the basis of nature of agreement and evidence and material on record in the context of readiness of parties...........
Agreement to sell -- Specific performance - Readiness and willingness - Defendant denied the execution of agreement - However, plaintiff has duly proved the agreement - Neither averment in written statement that plaintiff was not ready and willing to perform his part of contract nor there was any suggestion to that effect in the cross-examination of plaintiff - Plaintiff..........
Agreement to sell -- Specific performance - Grant of alternative relief of refund of earnest money whereas alternative relief claimed was refund of earnest money and damages - Total sale consideration was Rs.5825/- and plaintiff had paid total sum of Rs.4945/- - Merely refunding the earnest money paid after 60 years will be unreasonable, as plaintiff after booking the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sufficient funds - Available in other bank accounts of the company - Accused cannot rely upon other bank accounts for the dishonoured cheque which relates to specific bank account of accused...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Suit for specific performance - Earlier suit for injunction was filed - At that stage cause of action to file suit for specific performance had not arisen - Plea that suit for specific performance is barred U.O.2.R.2 CPC deserves to be rejected...........
Indian Penal Code, 1860, Section 498A, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Vague and general allegations - Absence of specific details that constitute cruelty against appellants - Appellants not residing at marital home and appellant No.1 was not even living in India - Proceedings against appellants quashed - If any material comes on record during..........
Indian Penal Code, 1860, Section 376(2)(g), 342, 34 -- Rape - Sole testimony of prosecutrix - Prosecutrix stated that accused dragged her from her house to the house of accused - However, there are three houses in between the house of prosecutrix and accused and it is difficult to believe that at that time, prosecutrix did not make any cries/hues - More so, no semen was..........
Agreement to sell -- Specific performance - Readiness and willingness - Even if defendant remains ex parte, decree would not follow automatically and plaintiff has to establish by pleadings as well as by proof that he has always ready and willing to perform his part of contract...........
