Transferee - Specific Performance Suit

Transferee & Suit for Specific Performance...........

                                   

- In suit for specific performance of agreement to sell transferee is necessary party to suit.

- Even though a transferee to whom the subject matter of a agreement of sale or part thereof is transferred is a necessary party to suit for specific performance.

- Such transferee must be impleaded in suit before the suit becomes time barred against him.

 = = Relevant Provision = = = 

- Section 19 of The Specific Relief Act 1963.

- Order 1 Rule 10 of C.P.C.

- Article 54 of The Limitation Act 1963.

- - - Relevant Judgement - - - -

- B. Santoshamma & Anr v/s D. Sarala & Anr 2020 S.A.R.1131.

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Tender Bidders ... Rights

Tender.............. Bidders .......... Right.......!

                                    

- Basically qualified bidder may take part in the tender.

- Bidder cannot insist that their tenders should be accepted simply because a given tender is highest or lowest depending upon contract.

- The authority publishing the tender is bound to adhere to the essential terms , norms , standards and procedures laid down by it and cannot depart or deviate from the arbitrarily much less giving relaxation.

- The authority is also free to grant any relaxation for bona fide and cogent reasons.

- The court can not generally review decision of tender .

- But the court may review decision of tender if decision maker acted improperly , for benefit of any particular renders or class of tenders.

- - - Relevant Provision - -

- Section 3 to 9 [i.e.Chapter 1 ] of The Indian Contract Act 1872.

= = = Relevant Judgement = = 

- Jalgaon Golden Transport Pvt.Ltd. v/s Union of India and Others 2020(6) Mh.L.J.532.

 - In which 18 judgements are referred most of referred judgements are of Supreme Court

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Document Referred in Cross Examination...?

Document Referred in Cross Examination...... Exhibit.......Proof of Contents....!

                                     

                  

- Basically mere referring of document during cross examination does not mean it is admitted to the party referred it in cross examination.

- Even though it is not a law that document referred in cross examination shall be exhibited by court.

- But in many States it is a consistent practice followed by court that when a document is referred in cross examination to witness , it be exhibit.

- The above practice is for convenience and for purpose of locating , identifying the document referred in cross examination.

- In such case mere marking a document as exhibit by such process does not dispense with the requirement of proof of the execution , contents , genuineness of the document in accordance with the law of evidence.

- Also it's settled position of law that mere exhibition of document doesn't dispense with proof it's contents.

-Mere a fact has not been disputed in cross examination does mean it's an admitted fact.

= Relevant Provision =====

- Chapter IV and V of The Indian Evidence Act 1872.

_ _ _ Relevant Judgement _ _ _ _ 

- Geeta Marine Services Pvt. Ltd. and another v/s State and another 2009(2) Mh.L.J.410.

- Abdul Rahim Majid v/s Shaikh Q. Rashid 2010 (1) Mh.L.J.343.

- Usha Shrikant Rege v/s Gauri Gajanan Rege 2014 (6) Mh.L.J.781.

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