Monday, April 22, 2013
SC: "Letter of Intent is not an agreement to sell, hence the same cannot be specifically enforced in laws"
Pronouncing a common judgment in the matters of CIVIL APPEAL NO. 4509 OF 2007 along with other two similar nature civil appeals for the relief of specific performance of a contract in respect of selling flats in the city of Mumbai, the Division Bench of the Hon'ble Supreme Court of India, recently dismissed all the three appeals with an important caution against the prevalent treads of properties transactions by way of executing Letters of Intent for sale and purchase of real estates like flats and bungalows, more particularly in metropolitan areas, as such that " The letter of intent cannot be said to be an agreement to sell for the simple reason that according to the contents of the letter of intent, only upon payment of the entire purchase price, the Developer and the plaintiffs (proposed purchasers) were to enter into an agreement with regard to sale of the flats. This fact clearly denotes that no agreement to sell had been entered into between the plaintiffs and the Developer and in absence of such agreements, in our opinion, there cannot be any right in favor of the plaintiffs with regard to specific performance of any contract. Thus, in our opinion, the High Court did not commit any error while coming to the conclusion that there was no binding contract or agreement in existence between the plaintiffs and the Developer and therefore, the trial court could not have decreed the suit for specific performance. Looking to the rising price and inflationary trend in the country, a direction to the Developer to return the amount of the purchase price received from the plaintiffs was only modified in fine from 9% p.a. to 12% p.a by the Hon'ble Apex Court in favor of the said plaintiffs.
Thursday, April 11, 2013
For vivid understanding, let us consider a situation in which Mr. ‘A’ having killed ‘B’ with the aid of ‘C’, informs the police that unknown persons killed ‘B’. During investigation, it revealed that ‘A’ was the real culprit and ‘D’ abetted ‘A’ to commit the murder. As a result, the police officer files the charge sheet under Section 173(2) of the Code with the Magistrate. Although, in due course, it was discovered through further investigation that the person who abetted Mr. ‘A’ was ‘C’ and not ‘D’ as mentioned in the charge sheet filed under Section 173 of the Code. In such a scenario, uncovering of the later fact that ‘C’ is the real abettor will not demand a second FIR rather a supplementary chargesheet under section 173(8) of the Code will serve the purpose. Likewise, in the case on hand, initially the CBI took a stand that the third person accompanying Sohrabbuddin and Kausarbi was Kalimuddin. However, with the aid of further investigation, it unveiled that the third person was Tulsiram Prajapati. Therefore, only as a result of further investigation, the CBI has gathered the information that the third person was Tulsiram Prajapati. Thus a second FIR in the given facts and circumstances is unwarranted; instead filing of a supplementary charge sheet in this regard will suffice the issue.
Monday, April 8, 2013
Student asked :”What is a Good Governance ?” Guru replied: “If you do not desire any Act, pass its draft bill with such the amendments that it may never be approved and enacted as laws “ Student further asked: ” How can such a good governance be known to others ?” Guru replied: “Quite Easy..Order all your concerned officers not to register complaints about any thefts which may not be detected..and also order not to give information that tend to expose the short comings of our governance.. so that all should understand well nothing is so easily available here, unless the governing body is pleased forever. And also tell everything repeatedly and loudly to everyone with all good confidence about such the governance that a cow may be seen as a lamb….” Student further asked: “What is a developed state of good governance ?” Sir replied with smile: ” Quite simple.. A good governance that consists of all the aforesaid good qualities, is the sign of the development in the current age.” Anonymous Followers clapped their hands and shouted ” Good… Good …and The Best for future government …..”
Saturday, April 6, 2013
Nowadays, lots of the cases are found in our country where the innocent ignorant people are defrauded by misleading advertisement, unfair trade practice and medical negligence, practiced by unqualified and unregistered medical practitioner. Recently the Hon'ble Justice Mr. Sudhansu Jyoti Mukhopadhaya of the Supreme Court of India has confirmed the judgment of National Consumer Disputes Redressal Commission, New Delhi in a recent judgment in the matters of Civil Appeal No. 8660 of 2009, against such an unqualified and unregistered medical practitioner respondent, namely, Mr. R.K. Gupta of Rushikesh, who impressed and mislead the appellant Mr. Bhanwar Kanwar by his misleading advertisement, published in" Jansatta" in the year 1993, claiming total cure of fits with Ayurvedic Medicines, and had given small white tablets of selgin to the appellant's five year aged son Prashat, even though the same allopathic medicine Selgin was never meant for children and the respondent played with the life of the innocant child, even though he was not qualified to prescibe any such allopathic medicine. So the Hon'ble Apex Court ultimately held guilty the respondent Mr. R.K.Gupta for unfair and deceptive trade practice and ordered to enhance and give the total compensation to the appelant victim appellant for the mental and physical injuries suffered by them to the tune of Rs. 5,00,000/- five lacs, with an illustrative observation also against the trend of National Commission for deducting 50% compensation to deposit in legal aid account as such that " We find no reason given by the National Commission for deducting 50% of the compensation amount to be deposited with the consumer legal aid account"
In the matters of Bhakti Vedanta Book Trust and others vide CIVIL APPEAL NO.2906 OF 2013, the Hon'ble Justice Mr. G. S. Singhvi, J. of the Apex Court has emphatacally ruled yesterday that "if any private land is shown as reserved in the Development plan, the same can be acquired within 10 years either by agreement or by following the procedure prescribed under the 1894 Act and if proceedings for the acquisition of the land are not commenced within that period and a further period of six months from the date of service of notice under Section 127 of the 1966 Act, reservation will be deemed to have lapsed and the land will be available for development by the owner
Friday, April 5, 2013
Last week at Laxmi Vilas Palace in Baroda, over 160 members from 81 royal families from erstwhile states attended Samasta Gujarat Rajput Samaj (SGRS) Meeting for the first time after independence, in presence of RSS chief Mr. Mohan Bhagwat, and Gujarat RSS head Dr Jayanti Bhadeshiya and after discussion on several points in closed door meeting, the members of royal families had resolved to organize a similar meet on September 29 of this year. But it would be great enough if royal families may take this matter on their agenda with a view to resolving with their Royal Spirit, just to fight against the present MPs & MLAs of our country who have snatched away their privy purses and now they have been enjoying with lifetime handsome salaries and other benefits with attractive perquisites forever, in the name of services to the nation by being Members of Parliament and/or Members of Legislative Assemblies of our country... Is not this a mockery of the Royal Families who had given up their royalties for the welfare of their people and the integration of our nation? Whereas present leaders have replaced these royal families, in such a bad manner that the whole nation is dragged towards poverty day by day, without curtailing any interest of these new royal MPs & MLAs..
Wednesday, April 3, 2013
Auction of Laila in Meena Bazar is banned nowadays in all country but auction of players in IPL are appraised even though it is violative human rights. Recently, a NGO of Mumbai has filed a writ petition before Bombay High Court in this regards. According to the petition, auctioning of human beings was arbitrary and violative of the International Law of Human Rights under the UN Charter. The petition sought direction to BCCI to refrain from auction of the players.
Tuesday, April 2, 2013
SC: "Duty of the courts to encourage genuine settlements of matrimonial disputes, even if the offences are non-compoundable."
While exercising CRIMINAL APPELLATE JURISDICTION in the matters of CRIMINAL APPEAL No. 447 OF 2013, between Jitendra Raghuvanshi & Ors. v/s Babita Raghuvanshi & Anr the Hon'ble Justice Mr. P.Sathasivam,J. of THE SUPREME COURT OF INDIA has recently brought about a landmark judicial precedent with a detailed observation that-" In our view, it is the duty of the courts to encourage genuine settlements of matrimonial disputes, particularly,when the same are on considerable increase. Even if the offences are non-compoundable, if they relate to matrimonial disputes and the court is satisfied that the parties have settled the same amicably and without any pressure, we hold that for the purpose of securing ends of justice, Section 320 of the Code would not be a bar to the exercise of power of quashing of FIR, complaint or the subsequent criminal proceedings." The Apex Court has further observed that: "There has been an outburst of matrimonial disputes in recent times. The institution of marriage occupies an important place and it has an important role to play in the society. Therefore, every effort should be made in the interest of the individuals in order to enable them to settle down in life and live peacefully. If the parties ponder over their defaults and terminate their disputes amicably by mutual agreement instead of fighting it out in a court of law,in order to do complete justice in the matrimonial matters, the courts should be less hesitant in exercising its extraordinary jurisdiction. It is trite to state that the power under Section 482 should be exercised sparingly and with circumspection only when the court is convinced, on the basis of material on record, that allowing the proceedings to continue would be an abuse of the process of the court or that the ends of justice require that the proceedings ought to be quashed. We also make it clear that exercise of such power would depend upon the facts and circumstances of each case and it has to be exercised in appropriate cases in order to do real and substantial justice for the administration of which alone the courts exist. It is the duty of the courts to encourage genuine settlements of matrimonial disputes and Section 482 of the Code enables the High Court and Article 142 of the Constitution enables this Court to pass such orders.
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