Agreement to sell -- Specific performance - Readiness and willingness - Inquisitiveness or curiosity cannot be equated with readiness and willingness to perform contractual obligation, as a person may be curious to do something but does not necessarily mean that he was in fact ready and willing...........
Agreement to sell -- Specific performance - Time was essence of contract as per recitals of agreement - Even, defendant established that time was essence of contract - Plaintiff has not rebutted the same rather supported the contention of defendant that time was essence of contract - Time thus, essence of contract as averred and proved by plaintiff himself. (Contract Act,..........
Agreement to sell -- Specific performance - Readiness and willingness - Evidence of power of attorney - PW1, being power of attorney of plaintiff had no personal knowledge either of transaction or his readiness and willingness - Readiness and willingness referred to state of mind and conduct of purchaser, as also his capacity and preparedness on the other - Since, PW1 had..........
Arbitration and Conciliation Act, 1996, Section 31(7)(a), 34 -- Interest on delayed payment - Specific term of agreement entered into by and between parties provided for payment of interest on delayed payment as per terms of contract - However, rate of interest was not specifically agreed upon - Blank space in `appendix to bid' cannot be construed as cancellation of clause..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent injunction - Both the parties claiming title of suit properties - However, property in respect of which defendant claims title is totally different from properties in respect of which suit has been instituted - Trial Court after considering evidence held that dispute between parties..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendants from interfering with plaintiffs right to construct a compound wall as per Partition deed of 1963 - There is no time limit prescribed under said partition deed for plaintiffs to put up compound wall - Plaintiffs exercised their right to put up compound wall only in the year 1994 -..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendants from interfering with plaintiffs right to construct a compound wall as per Partition deed - Defendants neither disputed partition deed nor established their right to claim adverse possession to prevent plaintiffs to exercise their right available to them under partition deed - Plaintiffs..........
Constitution of India, 1950, Article 217, 224 -- Supreme Court Collegium - Timely Appointments of Judges - That against sanctioned strength of 1080 Judges, 664 Judges have been appointed with vacancies of 416 Judges - In order to facilitate timely appointment it would be advisable to follow the following timelines (i) The Intelligence Bureau (IB) should submit its..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for Mandatory injunction - Title of plaintiff over suit property is not admitted by defendant - Even, plaint does not disclose as to how plaintiff acquired title over property in question - Specific case of defendant in written statement is that he became owner of part of suit property under..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance - Amendment sought to incorporate relief of cancellation of sale deeds executed by defendants and declaring them as null and void - However, plaintiff has knowledge with regard to execution and registration of said sale deeds at the time of filing of suit - After expiry of..........
