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1 - 4 of 4 (0.18 seconds)Nirmala Anand Appellant vs Advent Corporation Pvt. Ltd. & Ors. ... on 10 May, 2002
It is submitted that absence of all
other details like, who will obtain income tax clearance, who will pay unearned profits,
who will pay for stamp papers etc. were not material to the agreement and absence of
these details does not make the contract unenforceable under the Specific Relief Act.
There is always an implied covenant to do all things necessary by the seller and
purchaser, wherever the liability lies to give effect to the agreement. For this he relied
on Motillal & Ors. v. Nanhelal & Ors. AIR 1930 PC 287 AIR, Rojasara Dahyabhai v. Jani
Narottamdas AIR 1986 SC 1912 and Nirmala Anand v. Advent Corporation Pvt. Ltd. &
Ors. 2002 (5) SSC 481. He also submitted that absence of covenant regarding
unearned increase is agreement to enter into a future formal contract, does not make the
existing contract invalid.
The Specific Relief Act, 1963
Sri Satya Prakash Goel vs Ram Krishan Mission And Others on 8 November, 1990
5. On the other hand defendant relied on Shri Satya Prakash Goel v. Ram
Krishan Mission & Ors. 1991 (Allah.) AIR 343 to argue that mere acceptance of offer of
price on behalf of seller which referred to future negotiations for finalization of more
terms of contract does not amount to a concluded contract of the parties and for such a
contract a decree for specific performance cannot be granted.
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