...appearing for the appellants has taken us through the pleadings, notes of evidence and other relevant documents on record. His first submission is that the suit agreement is not an agreement for sale but is a pure ...relied upon various decisions in support of his contention that an agreement which is a simplicitor development agreement is not enforceable in law. 10. The learned counsel appearing for...being a pure and simple development agreement is not specifically enforceable. Reliance has been placed on various decisions by both the sides. In this behalf, it will be necessary to deal with the...

.... 13. On the other hand, the Opposite parties 1 and 2 would contend that the agreement of sale is not an agreement at all since no consideration is meted out and the recitals of th...there is no mention of description of the property to be sold and the boundaries thereof and that the complaint is barred by limitation and that the parties are...Sri Chakra Avenues Pvt. Ltd., and the terms of Agreement were reduced into writing on 26.08.2008. The recitals of the agreement states that the OP No.1 agreed to sell the constructed area of 2500 sft...

...contend that the agreement of sale is not an agreement at all since no consideration is meted out and the recitals of the agreement are not enforceable as there is no mention of descripti...Chakra Avenues Pvt. Ltd., and the terms of Agreement were reduced into writing on 26.08.2008. The recitals of the agreement states that the OP No.1 agreed to sell the constructed area of 2500 sft. @ Rs..., need no service. That being so, how the terms of the contract are enforceable only against the Opposite party No.1 and 2 is not explained. It is also not explained as to how the Opposite party No.2 is...

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...the present appellant, he has not taken steps, and therefore, rightly, the complaint was dismissed and the appeal is devoid of merits and liable to be dismissed. 8. On...perusal of the Roznama and the recitals of the complaint, it revealed that there was legal and enforceable debt and to discharge the legal and enforceable debt, the cheque was issued, which was...complainant and in discharge of the enforceable debt, he has issued the cheque bearing No.219631 dated 24.02.2014 of Rs.50,000/- which was drawn on Jijau Commercial Cooperative Bank. The said cheque was...

.... Subsequent events in the course of the case cannot be constitutive of substantive rights enforceable in that very litigation except in a narrow category (later spelt out) but may influence the...not enforceable under Section 17 of the Specific Relief Act, 1963. The mother lived up to September 2005 and the aforesaid legal heirs of the deceased Pemmada Venkateswara Rao got equal shares in the...that the plaintiffs are entitled for the relief of specific performance while the agreement of sale is not enforceable under Section 17 of the Specific Relief Act, 1963, in view of the fact that all the...

...Chacko was held barred by the law of limitation and on that account not enforceable against his heirs and legal representatives. The Court also rejected the claim that M.C Chacko has personally agreed to...debt arising under the letter of guarantee and (2) whether the charge assuming that a charge arises.... is enforceable by the Bank when it was not a party to the deed Exhibit D-1...a person was intended to be made liable to satisfy the debt due by him. The recitals in clause 17 of the deed do not evidence any intention of the donor to create a charge in favour of Kottayam Bank...

...is not concluded, binding or enforceable and not capable of being implemented is in my view also incorrect. From recitals A and C of the said agreement as also Clauses 2 and 9 thereof it is clear...who were referred to in the agreement as Group “A” share-holders. Recitals A, C and D in the agreement are reproduced hereunder:“A) The Group A share-holders listed in Schedule A have...the company have agreed to reduce to writing their agreement concerning the ownership, shareholding, management, operation and control of the company.”Immediately after the recitals it...

...was a breach of the prohibition in s. 15 (4) the contract was enforceable, and the breach would merely expose the appellants to a criminal prosecution under s. 20(2). HELD: (1...the member has entered into a contract on his own account. So long as there is no such writing, as is contemplated by s. 15(4) or its proviso there is no enforceable contract. [615D-F..., 1952. By special leave, the appellants have appealed to this Court. The relevant recitals in the notes, which, it was claimed, constituted the contract between the...

...shall be accepted. The defendants have not seriously disputed the validity of the deed of adoption although in the written statement, they have stated that the said deed of adoption is not enforceable... shall presume that the adoption has been made in compliance of the provision of the said Act. The recitals unless is rebutted by cogent evidence...that the said evidence along with the recitals in the deed of adoption are required to be reed together in deciding the right of the plaintiff in the suit property. Mr. Sen further submitted that there...

...shall be accepted. The defendants have not seriously disputed the validity of the deed of adoption although in the written statement, they have stated that the said deed of adoption is not enforceable... shall presume that the adoption has been made in compliance of the provision of the said Act. The recitals unless is rebutted by cogent evidence...that the said evidence along with the recitals in the deed of adoption are required to be reed together in deciding the right of the plaintiff in the suit property. Mr. Sen further submitted that there...

...January 1889, it is not enforceable as the debt had become barred before it was renewed and there is no reference in Exhibit A to a barred debt or no promise to pay the debt to bring it within the terms of.... Narammnia 11 M. 213 at p. 215 and Kumara v. Srinivasa 11 M. 213 at p. 215. 6. These decisions proceed on the view that the recitals are not in themselves...when not recited in the document or a different consideration may be proved from that recited therein. To hold otherwise would be to confine the parties to the recitals in the instrument in cases...

...for the appellant-Original Defendant 2, vehemently contended that the courts below including the High Court had patently erred in law in construing the relevant recitals in the agreement of...hedged in either expressly or by necessary implication in the light of relevant recitals in the agreement of reconveyance. Consequently the appeal is liable to fail. He also submitted that so far as the...recitals found in the document of reconveyance executed by Defendant 1. An English translation of the said document is found at p. 66-A of the paper-book. It reads as under...

...appearing on either side and looked carefully and minutely into the terms of the disputed document comparing it with the vernacular copy. We have extracted above the relevant recitals of the said...recitals of the document at the appropriate place there is mention of the parties and their heirs but there is no mention of the transferees or assignees of the contracting parties. This omission is a...be assigned and such contract is enforceable. Beaumont, C.J in Vishweshwar Narsabhatta Gaddada v. Durgappa Irappa Bhatkar...

...purchaser. Taking into consideration, the provisions of Sections 10 and 29 of the Indian Contract Act, 1872 together, this agreement to sale is not enforceable by law as a contract reason ...? - 9 - VII. Is the written agreement dated 14.02.2005 in between the plaintiff and the defendant is legal, valid and enforceable in law...agreement to sale. The learned trial court has also failed to consider that the defendant was bound by the terms and conditions of the agreement to sale and the said agreement was well enforceable in...

...on September 6, 1948, and two separate documents were executed to evidence the said settlement. As the decision, to some extent, turns upon the comparative study of the recitals in the said documents...of settlement, it will be convenient to read the material part of the recitals contained therein. The settlement in respect of the first contract contained the following recitals...payment of the amount mentioned in clause (1) shall stand finally determined.”The recitals in the settlement of the second contract are as follow...

...contract for sale, and unless price is fixed, there is no enforceable contract, because if no price is named law does not imply, as in the case of a sale of goods, a contract to buy at a reasonable...payment of the consideration amount or it will pass independent of payment of the consideration amount has to be inferred from the recitals of the document itself. When the recitals of the document are...clear and unambiguous on the point of passing of title and payment of consideration, the sole criterion to gather intention of the parties is to depend on the recitals of the document itself. Where...

...lacked mutually and therefore not enforceable. There is no substance in the first point. Ex. A-3 sets out the entire facts in the matter making special reference to the sale in favour of the defendant and the registered agr...reconvey. Because no time limit is fixed it is in the stage of a standing offer and it becomes an enforceable concluded contract the moment the option is exercised by the other side. But the option .may...happens if the party entitled to reconveyance exercises the option the option becomes a binding enforceable agreement to sell. Vide Chinna Munusami Naidu v. Sagalaguna Naidu, ILR...

...contradict the recitals as distinguished from the terms of the document may be given. Evidence of contemporaneous conduct is admissible as a surrounding circumstance, but evidence as to subsequent conduct...not admissible in interpreting the covenants of the deed but evidence to explain or even to contradict the recitals as distinguished from the terms of -the documents may of course be given. Evidence of...enforceable only when the difference between the interest at nine per cent on the price and the rent recovered less repairs, insurance charges according to the books of account of the transferees was...

...3rd defendant would have equal rights; each of them is entitled to ⅓rd share in those partible articles, as heirs of Doddabasamma.38. Though Ex. P. 1 is not enforceable, recitals therein..., this is an indication that 1st defendant had no jewels or other valuables of her own. Ex. P1 also recites that Doddabasamma had several jewels and other articles belonging to her as stridhana. The...