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Hind Construction Contractors v. State of Maharashtra
Where time is not of the essence of a contract, mere delay in performance does not by itself entitle the other party to treat the contract as repudiated; the remedy ordinarily lies in compensation under Section 55 of the Indian Contract Act.
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Vijay Madanlal Choudhary & Ors. v. Union of India
Bench: A.M. Khanwilkar, Dinesh Maheshwari, C.T. Ravikumar, JJ.Elucidates constitutional safeguards and threshold standards governing anticipatory bail applications in proceedings under the PMLA.
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Supreme Court of India
Apex Judicial AuthorityHigh Court of Delhi
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Executive Summary
A plain-language overview of the dispute, proceedings, and final ruling:
Appellant filed a suit for specific performance based on an unregistered agreement to sell. The trial court and High Court rejected the document due to lack of mandatory registration under Section 17(1A) of the Registration Act.
The Supreme Court reversed the High Court, clarifying that while an unregistered agreement cannot protect possession under Section 53A of the Transfer of Property Act, it is admissible as evidence of the contract in a suit for specific performance under the Proviso to Section 49.
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Principles governing reliance on dying declarations followed and reaffirmed by the Supreme Court.
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Find Related Decisions.
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Ameer Minhaj v. Dierdre Elizabeth (Wright) Steen & Ors.
K.B. Saha & Sons Pvt. Ltd. v. Development Consultant Ltd.
(2008) 8 SCC 564Five principles governing collateral purpose admissibility under the Registration Act.
Ramesh Chand Ardawatiya v. Anil Panjwani
(2003) 7 SCC 350Doctrine of part performance and nature of lawful possession under contract.
B. Santoshamma & Anr. v. D. Sarala & Anr.
(2020) 19 SCC 80Discretionary parameters and readiness and willingness requirements in specific performance suits.
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...The provisions of Section 32(1) of the Indian Evidence Act mark a distinct statutory departure from the general common law rule against hearsay. Statements, written or verbal, of relevant facts made by a person who is dead are admissible in proceedings...
"In order to pass the test of reliability, a dying declaration has to be subjected to a very close scrutiny, keeping in view the fact that the statement was made in the absence of the accused who had no opportunity of testing its veracity by cross-examination. But once the court is satisfied that the declaration was true and voluntary, it can undoubtedly base its conviction on it, without requiring corroboration."
...The court must, however, satisfy itself that the deceased was in a fit physical and mental condition to make the statement, having had clear opportunity of observation without coaching or prompting by interested parties...
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"What are the risks or weak points in the plaintiff's claim?"
Based on the available case documents, the plaintiff's claim reveals two primary vulnerabilities: (1) Absence of written milestone acceptance certificates required under Clause 8.2 of the Master Service Agreement prior to invoice generation, and (2) An unresolved 6-month delay notice issued by defendant in November 2022 that was never refuted.
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Inquiry posed within matter workspace.
"The record shows that the milestone acceptance was never executed in writing as required by Clause 9.1 of the agreement, and the court's interim directions specifically observed this evidentiary omission."
Para 12: "...the defendant purportedly failed to deliver the software release build by the scheduled April timeline..."
Directions: "Court directed plaintiff to place on record the bilateral milestone sign-off sheets..."
Clause 9.1: "Formal written acceptance shall precede the issuance of final payment tranches."
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(2023) 5 SCC 123Two Ways to Research.
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