.... 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...3 and 4 are formal parties, hence, 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...complainants are not "consumers" and there is no hiring of services for consideration and that there is no deficiency in service on their part. The Commission has no jurisdiction and complainants have to...

...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..., 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 ...claim on the premise that the complainants are not "consumers" and there is no hiring of services for consideration and that there is no deficiency in service on their part. The Commission has no...

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...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...?(4) Whether the partition alleged under the registered will dated 30.10.57 executed by Sri Chickananjundappa is invalid, and is not binding on the parties?(5) Whether the...2nd defendant is not entitled to any share in the suit schedule properties in view of the gift of the ‘B’ schedule properties on 16.11.1966?(6) Whether the 2nd defendant proves that...

...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...

...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 ...-operative pool, the document i.e the said agreement is not a concluded, binding or enforceable agreement nor capable of being implemented.ii) The network to be contributed by each of these...that the share holders agreement is incomplete or is not concluded or is not enforceable or cannot be implemented.19. The petitioner has insisted that the company has carried on its...

...the subject sale deed or under any other document. The claim made by the 1st plaintiff is totally false. The arrangement made in the document is not true. The recitals in the document are not true and the ...-1 sale deed is not at all vitiated and in the facts and circumstances of the case, the learned Judge had erred in not declaring the title of the 1st plaintiff in the suit. The learned Counsel also...Counsel also would maintain that execution of Ex.A-1 is not specifically denied. However that being so, the framing of Issue No. 1 is not proper and on a careful reading of Issues 1 and 2 these Issues...

...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 ...the uncertainty, the same was not enforceable in the eyes of law even if there is readiness and willingness on the part of the plaintiffs, same has no significance.... 4. The written statement was filed on behalf of the defendant with these averments that the suit of the plaintiffs is not maintainable, barred by law of limitation, barred of principles of...

...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...by the defendant, his learned counsel raised two points. The sale deed, Ex. A-3, executed by Palani in favour of the plaintiff would not give him the right to obtain reconveyance, as there is no time...option to demand a reconveyance alter the Chitrai Kalavathi in any year, when there is no crop, but that does not matter. This aspect of the matter is cohered by several decisions i 01 this Court in...

...impugned judgment. The recitals revealing from the complaint itself make it clear that it was not even the contemplation of the complainant while he lodged the complaint before the learned Magistrate. He...MR.JUSTICE R.P.DHOLARIA Date : 26/06/2019 ORAL ORDER This is an application preferred by the applicant...02.03.2011 and the accused purchased the goods of Rs.2,37,150/-. He has also argued that as the accused was not paying the said amount, the complainant repeatedly demanded the said amount and in lieu...

...there is no legally enforceable debt/liability and the cheque was not issued for discharging any legally enforceable debt. Further it was submitted that in the year 2014, the impugned cheque was given...the loan was obtained for construction of building is not correct and that cheque bearing No.000051 could not have been issued in 2020, that there is no legally enforceable liability, are all the...for the purpose of construction of building is not true. If the said document is not true, the claim that the petitioner is liable to pay the respondent Rs.10,00,000/- with interest is also ...

... agreement. It is common ground that the terms of these proposed leases are not defined with sufficient precision to... 44. It is clear that not all the provisions of the Heads of Agreement created legally enforceable obligations, especially as regards the Crown and Treasury lan...also for their descendants who may have to inhabit these islands in the future. Further, it is not unknown for damage to be done to coral...

...appellate Court was right in holding that the said agreement of sale is not enforceable in law.12. On careful consideration of the evidence available on record, this Court is of the...rightly negatived by the appellate Court and no substantial question of law is involved in this appeal, as prior permission of the Charity Commissioner was not obtained for entering into the alleged...Charity Commissioner, the sale-deed be executed is illegal. For a moment if it is assumed that the appellant is not entitled to file a suit even though he can resist the counter-claim filed by the...

...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...conducting the prosecution or where the Magistrate is of opinion that the personal attendance of the complainant is not necessary, the Magistrate may dispense with his attendance and proceed with the...

...rather wanes as well as subsides, and, the inevitable sequel thereof, is qua the issuance of the dishonoured negotiable instrument, being not towards any legally enforceable debt or liability inter se...legally enforceable debt, or, liability inter se the accused, and, the complainant (ii) AND the afore inference is strengthened by the factum, of, the complainant espousing qua the afore apt contractual...Respondent: Mr. Jyotirmay Bhatt, Advocate. Sureshwar Thakur, Judge . The complainant/appellant herein, is aggrieved, by the...

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...and hence, the accused has established through the document of complainant itself that the amount was paid to Honnappa and not to him and as such, there is no legally enforceable debt as alleged by the...his counsel and was enlarged on bail. The plea under Section 138 of the N.I. Act is framed against the accused and same is read over and explained to the accused. He pleaded not guilty...and defence of accused regarding obtaining the cheques by force is not established. Hence, he would contend that initial presumption under Section 139 of the N.I. Act is in favour of the complainant...

...not under challenge. The recitals in the deed is corroborated by the evidence of the natural father of the child. Whenever any document is registered under the provision of any law for the time being...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...adoption, the plaintiff is entitled to exercise all rights that were available to Krishna including the right to function as sebait of the deity. On the allegation that the plaintiff was not allowed to...

...not under challenge. The recitals in the deed is corroborated by the evidence of the natural father of the child. Whenever any document is registered under the provision of any law for the time being...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...adoption, the plaintiff is entitled to exercise all rights that were available to Krishna including the right to function as sebait of the deity. On the allegation that the plaintiff was not allowed to...

...—“Guarantor cannot be made liable beyond terms of his engagement and enforceability of the guarantee also depends upon its terms.Whether a guarantee is enforceable of not depends upon the terms...longer liable and the order passed by the PO, DRT, is perfectly justified and it does not require any intervention by this Appellate Tribunal.3. To substantiate the contention of...‘continuing security’ has been struck off and also the word ‘continuing guarantee’ has been struck off. So, it is crystal clear that it is not a continuing guarantee and what was agreed between the old...