...purpose of deciding the point. They are subsumed under the sub-title “Performance of reciprocal promises” in the said Act. Section 51 deals with a contract concerning reciprocal promises to be...reciprocal promises, such that one of them cannot be performed or that its performance cannot be claimed till the other has been performed, and the promisor of the promise last mentioned fails to perform it...-performance of the contract.”17. In a contract of insurance when the insured gives a cheque towards payment of premium or part of the premium, such a contract consists of reciprocal promise. The drawer of the cheque promises the...

...need not execute the sale deed unless the purchaser is ready to pay the balance sale consideration.50. Section 52 relates to the order of performance of reciprocal promises. It...provides that:“52. Order of performance of reciprocal promises.—Where the order in which reciprocal promises are to be performed is expressly fixed by the contract, they...contains reciprocal promises, and one party to the contract prevents the other from performing his promise, the contract becomes voidable at the option of the party so prevented; and he is entitled to compensation from the other party for any loss which he may sustain in consequence of the non-performance of...

...performance of reciprocal promises constituting the consideration for one another and the reciprocity envisaged and engrafted is such that one party who fails to perform his own reciprocal promise cannot...can ever be countenanced, leave alone the basic and fundamental principle that a violator of reciprocal promises cannot be crowned with a prize for his defaults. Chief Justice Bhargava has taken...acceptance of belated performance was conditional upon the future good conduct and adherence to the promises of the defaulter, the so-called waiver cannot be considered to be forever and complete in...

...agreed to buy but that only the payment of the price was postponed at their option and that this is a case of successive (as opposed to simultaneous) performance of reciprocal promises (section...This Second Appeal arises out of a suit for the specific performance of a contract, for the sale of the suit land, executed by the second defendant on 10th October 1913 in favour of...defendant is concerned, there is no agreement, the specific performance of which can be claimed by the plaintiffs. (See Dickinson v. Dodds.The result is the Second Appeal...

...the Contract Act which contain rules for performance of reciprocal promises. The payment of price by the petitioner and the delivery by DDA are not such reciprocal promises as are required to...be performed simultaneously. The order in which these reciprocal promises are to be performed is expressly laid down in the terms of allotment between the parties. Full payment has to precede before...R.C Lahoti, J.— The petitioner got himself registered for allotment of a flat of MIG category under Registration Scheme of New Pattern, 1979. This was on 1.8.79 In 1991, the petitioner was...

...after collecting information from CIDCO by the purchaser. Thus in the sequence of order of performance of reciprocal promises, the eventuality-contingency of payment of transfer charges has not...1. The appellants herein had filed a suit for specific performance. While granting the decree in favour of the appellants, the Trial Court gave a direction in paragraph No. 4 which...agreement, it is not seen that any order of performance is prescribed. It is however obvious that the vendor and buyer will be required to submit some documents such as applications, affidavits etc...

.... The interpretation of such a contract would be governed by the laws of contract relating to the performance of reciprocal promises.14. Whether an agreement is an option to...that, therefore, the appellant was bound to give up his right to a reconveyance of the property.5. In March 1979, the appellant filed a suit claiming specific performance of...performance of the second agreement upon payment of a sum of Rs 23,448.75 to the respondent. The Subordinate Judge to that extent accepted the respondent's claim that the respondent had, apart from the...

...of reciprocal promises (section 54 of the Contract Act). But we find it difficult to follow this argument, So long...1. This second appeal arises out of a suit for the specific performance of a contract for the sale of suit land executed by the second defendant; on 10th October 1913 in favour of...the plaintiffs must be deemed to have agreed to buy but that only the payment of the price was postponed at their option and that this is a case of successive (as opposed to simultaneous) performance...

....4. Learned counsel for the Respondents BCCL submits that the prayer made herein is in the nature of specific performance of contract. In such matters therefore, writ petition is not maintainable as various questions of fact including the Performance of Reciprocal Promises under.... Petitioner contends that Letter of Acceptance has been issued on 30.01.2016 (Annexure-2), whereunder petitioner was asked to submit Performance Guarantee in terms of Clause-4 of General terms...General Manager, Block-II Area, BCCL after submission of Performance Guarantee by the petitioner, whereunder he has been informed that since the Bank Guarantee has been submitted beyond the time limit...

...case of successive (as opposed to simultaneous) performance of reciprocal promises (section 54 of the Contract Act...1. This Second Appeal arises out of a suit for the specific performance of a contract, for the sale of the suit and, executed by the second defendant on 10th October 1913 in favour of...performance before the plaintiffs tendered the price, contended that the plaintiffs must be deemed to have agreed to buy but that only the payment of the price was postponed at their option and that this is a...

...Petitioner was also blacklisted by letter dated 04.09.2012 The parties are at contest on the merits of the matter relating to performance of reciprocal promises by them.2. Arguments have been...by the contractor in performance of his contractual obligation. Relevant clauses of the Agreement are Clause-25 to 31 and 38.3. It has also transpired during course of argument that...Aparesh Kumar Singh, J.:— The instant matter arose on termination of the Agreement dated 30.04.2012 executed between the petitioner and the respondent-Transport Department, Government of...

...by letter dated 04.09.2012. The parties are at contest on the merits of the matter relating to performance of reciprocal promises by them. 2. Arguments have been advanced on the...in performance of his contractual obligation. Relevant clauses of the Agreement are Clause-25 to 31 and 38. 3. It has also transpired during course of argument that after...IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No. 4901 of 2012 M/s Agros Impex India Private Limited --- --- ---- Petitioner Versus 1. The State of Jharkhand...

...sustained. Finally, he confined his submissions on two aspects. First, the agreement dated 16-11-1978, Ex. A-1, is one of reciprocal promises and as the plaintiff failed to perform his part of the promise of handing over possession of godown complex situated in Rajaram Mohan Road, he cannot insist the performance of...aspect is that the performance of reciprocal promises by the plaintiff is not pleaded by the 1st defendant in his written statement and there is no evidence in that regard. He tried to justify the non..., the learned counsel for the 1st respondent (plaintiff) has been fair enough to admit that the suit agreement is one of reciprocal promises. In this view of the matter, we hold unhesitatingly, that the suit agreement is one of reciprocal promises. 12. POINT No. 2:-- The plaint is totally silent about the performance of...

...application for nominal membership was to allow both the parties due performance of their reciprocal promises. The contractor would be a nominal member since the Society would have to transfer a portion..., essentially follow the act of the society. The society must, therefore, perform its reciprocal promises immediately upon execution of the agreement. The contractor also must perform his reciprocal promises but not prior to the performance by...of the reciprocal promises under the agreement dated 13th March, 1978 the yardstick under Indian Contract Act with regard to performance of reciprocal promises must be applied. Sections 51 and 52 of the Indian Contract Act which deals with the performance of...

...under the sub-title “Performance of reciprocal promises” in the said Act. Section 51 deals with a contract concerning reciprocal promises to be simultaneously performed and in such a contract the...the Contract Act is to be read in that background. It is extracted below.“When a contarct consists of reciprocal promises, such that one of them cannot be performed, or that its performance cannot..., and must make compensation to the other party to the contract for any loss which such other party may sustain by the non-performance of the contract.”10. In a contract of insurance when an insurer gives a cheque towards payment of premium or part of the premium, such a contract consists of reciprocal promise. The drawer of the cheque promises the...

...consisted of reciprocal promises and there was an order of performance contained in the agreement, under which the plaintiffs were first to pay or to tender the money and then call upon the defendant to...hours of business.33. The law as to performance of reciprocal Promises is, however, somewhat different from the manner of performance of promises which are not reciprocal. Under..., clause (2) of the agreement (Ex. 1). In our opinion the agreement, read as a whole, does not lay down any order for performance of the reciprocal promises but merely reiterates the normal practice as to...

...promises which form the consideration or part of the consideration for each other are called reciprocal promises. Sections 51 to 54 of the Indian Contract Act, 1872 contain the provisions regarding performance of...reciprocal promises. In Saradamani Kandappan and Ors. vs. S. Rajalakshmi and Ors. [(2011) 12 SCC 18], it was held that the purchaser cannot claim that the vendors should produce the original title deeds and satisfy her regarding their title. The order of performance of...reciprocal promises does not depend upon the order in which the terms of the agreement are reduced into writing. The order of performance should...

...Contract Act relating to performance of reciprocal promises, its effect and consequences. Relying upon Section 55 of India Contract Act, it was held that the...seeks equity must do equity as well as perform his obligation in time. Accordingly, the District Forum held that on failure on performance reciprocal promise by the Complainant, the conditional order...R.K Batta, Member:— The Petitioner/Complainant, who is an Advocate, paid Rs. 5000/- through demand draft on 1.10.2002 as registration fee for allotment of flat pursuant to advertisement...

...‘Consent Terms’ clearly provides performance of reciprocal promises. According to it, just as there was liability on the Petitioner to pay the amount of Rs. 75,00,000/- on or before 31 August 2014...Clauses of the ‘Consent Terms’, it appears that there are reciprocal promises made by the parties towards each other and they are required to perform their part as per the chronological sequence of the...Shalini Phansalkar-Joshi, J.:— Rule. Rule is made returnable forthwith. Heard finally, at the stage of admission itself, by consent of Mr. Agrawal, learned counsel for the Petitioner, and...

...interest on delayed payment @ 24 % p.a. from the date of delay as per agreement. 19. The present case is governed by provisions of performance of reciprocal promises. The.... As per law both parties are under contractual obligation to perform their reciprocal promises. The possession was to be given on 31.3.2011. 18. The main issue in the present....14,92,000/- from opponent developer , at the rate of Rs.3,465.75 per sq.feet. , on 30 Nov. 2010. 2. The said agreement was registered with deputy registrar Ulhasnagar. According to...