Indian Contract Act | Unless Contingency Is Fulfilled, Contingent Agreement To Sale Cannot Be Enforced: Patna High Court
1 year, 2 months ago

Indian Contract Act | Unless Contingency Is Fulfilled, Contingent Agreement To Sale Cannot Be Enforced: Patna High Court

Live Law  

While rejecting an appeal that sought specific performance of a sale agreement, the Patna High Court has observed that a sale agreement with a contingency clause cannot be enforced unless that contingency is fulfilled. The plaintiff-appellants filed the Title Suit for a decree of specific performance of contract on the basis of an agreement for sale executed by 3 defendants in favour of plaintiffs. The plaintiff-appellants sought relief for a decree of a specific performance of contract in respect of the suit property in favour of the plaintiff and against the defendants, directing the defendants to jointly perform the part of their statutory obligation after receiving the remaining amount of consideration from the plaintiffs and to execute the sale deed in favour of the plaintiffs, failing which the sale deed be executed in favour of the plaintiffs through the process of court. The Court held, “In these circumstances, I do not find as to how the agreement to sale would become enforceable in law as Section 32 of the Indian Contract Act clearly provides that contingent contract to do or not to do anything, if an uncertain future happens, can be enforced by law only when that the event has happened.” “I do not find that there is any perversity in such finding as recorded by the learned trial court.

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History of this topic

Land Acquisition | Sale Statement Cannot Be Relied Upon For Compensation Without Examining Vendors Or Vendees: Patna High Court Reiterates
4 months, 2 weeks ago

Land Acquisition | Sale Statement Cannot Be Relied Upon For Compensation Without Examining Vendors Or Vendees: Patna High Court Reiterates

Live Law  

The Patna High Court has made it clear that while determining compensation for land acquisition, mere statement of exemplar sale is not sufficient without examining the vendors or vendees involved. Justice Nawneet Kumar, presiding over the case, observed, “It is an admitted fact that the compensation of the acquired land was assessed on the basis of the sale statement of …

Telangana HC Dismisses Property Purchaser's Appeal, Says Act Done In 'Wilful Disobedience' Of Injunction Order Is Liable To Be Reversed
5 months, 3 weeks ago

Telangana HC Dismisses Property Purchaser's Appeal, Says Act Done In 'Wilful Disobedience' Of Injunction Order Is Liable To Be Reversed

Live Law  

While hearing a matter concerning a property dispute, the Telangana High Court reiterated that an act which is done in violation of an injunction order is invalid and should be undone by the court putting back the parties in the same position as they were before such an order was passed. In reiterating so, the High Court dismissed an appeal …

Patna High Court Weekly Round-Up: January 08 To January 14, 2024
1 year, 2 months ago

Patna High Court Weekly Round-Up: January 08 To January 14, 2024

Live Law  

Nominal Index Ravi Shankar and Anr vs The State of Bihar and Ors 2024 LiveLaw 03 M/s Nav Nirman Construction vs The Union of India & Ors 2024 LiveLaw 4 Urmila Devi Jain & Ors vs. Ashok Kumar & Ors 2024 LiveLaw 5 Manoj Kumar Mishra vs. The State of Bihar and Ors 2024 LiveLaw 6 M/s Raj Kumar Sao …

Transfer Of Property Act | Unregistered Sale Deed Admissible As Evidence For Considering Relief Of Specific Performance: Patna HC
1 year, 3 months ago

Transfer Of Property Act | Unregistered Sale Deed Admissible As Evidence For Considering Relief Of Specific Performance: Patna HC

Live Law  

The Patna High Court recently ruled that an unregistered sale agreement remains admissible as evidence in a lawsuit seeking specific performance of the agreement. Justice Sunil Dutta Mishra observed, “It is clear from the above that even where the sale agreement is not registered, the document can be received as evidence for considering the relief of specific performance and the …

[Dominus Litis] Court Can Add Parties Necessary For Proper Adjudication Of Suit Despite Resistance By Plaintiff: Patna High Court
1 year, 5 months ago

[Dominus Litis] Court Can Add Parties Necessary For Proper Adjudication Of Suit Despite Resistance By Plaintiff: Patna High Court

Live Law  

The Patna High Court has underscored that a court can add parties in a lawsuit if deemed necessary for effective adjudication, regardless of the plaintiff's preferences. Justice Sunil Dutt Mishra observed, "Mere addition of the intervenor as a party will not create an interest in the suit property and in considered view of this Court the presence of the intervenor …

Order XXI CPC | Failure To Raise Objections Before Proclamation Of Sale Not Bar To Challenge An Irregular Sale: Kerala High Court
1 year, 6 months ago

Order XXI CPC | Failure To Raise Objections Before Proclamation Of Sale Not Bar To Challenge An Irregular Sale: Kerala High Court

Live Law  

The Kerala High Court recently laid down that the failure to raise objections before the proclamation of sale as prescribed under Order XXI Rule 90 CPC does not preclude the appellant from challenging the sale if the mandatory procedures under Order XXI Rule 64 were not complied with. Order XXI Rule 64 CPC deals with the power of the court …

Dispute Between Defendants Regarding Validity Of Sale Deed Can’t Be Considered In Suit For Possession Instituted By Plaintiff: Supreme Court
1 year, 10 months ago

Dispute Between Defendants Regarding Validity Of Sale Deed Can’t Be Considered In Suit For Possession Instituted By Plaintiff: Supreme Court

Live Law  

The Supreme Court bench comprises Justices M.R. Ravikumar has ruled that an inter-se dispute on the validity of the sale deed executed between the defendants in respect of the suit land, cannot be considered in the suit for possession instituted by the plaintiff on the basis of a registered sale deed executed in its favour, as it would amount to …

Existence Of Contingent Contract U/S 31 Of Contract Act Is A Dispute To Be Referred To Arbitration: Telangana High Court
2 years, 7 months ago

Existence Of Contingent Contract U/S 31 Of Contract Act Is A Dispute To Be Referred To Arbitration: Telangana High Court

Live Law  

Recently, the Telangana High Court observed that existence of a "Contingent Contract" cannot be decided in the limited jurisdiction of Courts under Section 11 of Arbitration Act. Justice K. Lakshman, placing reliance on Supreme Court decision in Vidya Drolia v. Durga Trading Corporation observed that the scope of interference by the Courts under Section 11 of Arbitration Act is extremely …

S.22 SRA | Civil Courts May Grant Ancillary Reliefs To Give Full Effect To Decree For Specific Performance: Telangana High Court
2 years, 8 months ago

S.22 SRA | Civil Courts May Grant Ancillary Reliefs To Give Full Effect To Decree For Specific Performance: Telangana High Court

Live Law  

The Telangana High Court recently upheld an order passed by the Executing Court directing removal of illegal structures raised in the suit schedule property after passing of a decree for specific performance, ordering delivery of possession, in favour of the defendants/ decree holders. It observed that decree for specific performance cannot be frustrated in such manner and that the civil …

Unregistered Sale Agreement May Be Received As Evidence Of Contract In Suit For Specific Performance: Madras High Court
2 years, 10 months ago

Unregistered Sale Agreement May Be Received As Evidence Of Contract In Suit For Specific Performance: Madras High Court

Live Law  

The Madras High Court bench of Justice Anand Venkatesh recently observed that an unregistered agreement for sale may be received as evidence for considering the relief of specific performance. The court relied on the decision of the Supreme Court in Ameer Minhaj v. Dierdre Elizabeth Issar and Others wherein it was observed that a document is required to be registered, …

Relief Of Specific Performance In An Agreement Of Sale Will Not Be Granted If Vendor Has No Absolute Title Over Suit Schedule Property: Andhra Pradesh HC
2 years, 11 months ago

Relief Of Specific Performance In An Agreement Of Sale Will Not Be Granted If Vendor Has No Absolute Title Over Suit Schedule Property: Andhra Pradesh HC

Live Law  

The Andhra Pradesh High Court in a recent judgment held that an agreement of Sale cannot be decreed to be performed if the seller did not have absolute right and title over the suit schedule property in view of Section 17 of the Specific Relief Act, 1963. Brief Facts of the Case The plaintiff filed the suit seeking specific performance …

Gravity Of Complaint Under Negotiable Instruments Act Cannot Be Equated With An Offence Under IPC Or Other Criminal Offence: Supreme Court
3 years, 6 months ago

Gravity Of Complaint Under Negotiable Instruments Act Cannot Be Equated With An Offence Under IPC Or Other Criminal Offence: Supreme Court

Live Law  

The Supreme Court observed that the gravity of complaint under Negotiable Instruments Act cannot be equated with an offence under the provisions of the Indian Penal Code or other criminal offence.The court reiterated that that the presumption under Section 139 of the Negotiable Instruments Act would remain, until the contrary is proved. The Supreme Court observed that the gravity of …

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