Agreement

  • Agreement - Regretfully the proforma conceived of when the draft agreement was prepared has not been filled up when the final agreement was drawn up and signed by the parties, and thus as of now, one is left guessing as to what are the devices, device specifications and device images contemplated by the parties as per the agreement - Unless through the pleadings of the parties, this aspect of the matter was got clarified, it would be difficult to proceed ahead to discuss as to what are the rights conferred. (177) P.L.R. (Del.) 
  • Agreement – Law does not require that the agreement is necessarily required to be attested by the marginal witnesses – Appellate Court committed on error in recording a finding that the agreement is not proved. (2018-2) PUNJAB LAW REPORTER
  • Agreement – Trial Court dismissed the application merely on the ground that agreement is not registered - Even if an agreement is required to be registered, it can always be looked into for collateral purposes i.e., to determine the nature of the possession - Therefore, learned trial Court erred in declining the application on the said ground - The lower Appellate Court also erred in declining the application on the ground that though the possession of the plaintiff was there but now since, he has been dispossessed and not in possession, therefore, the possession cannot be restored – Sales during the pendency of the proceedings will not affect the right of the plaintiff and the sale to third party shall be hit by the Rule of lis pendens - Said third party will also be bound by the decision of this case.   (2018-2) PUNJAB LAW REPORTER