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Showing posts from June 13, 2024

Specific performance : oral agreement to sell is permissible in law, but it has to be proved through credible and un-impeachable evidence.

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2024 CLC 1060 Regular Second Appeal No.130821 of 2018 Abdul Rasheed Versus Zahoor-ud-Din (deceased) through his Legal Heirs & others  No doubt, an oral agreement to sell is permissible in law, but it has to be proved through credible and un-impeachable evidence. Perusal of contents of the plaint shows that no date, time, place &   mode of payment or names of witnesses of the alleged oral agreement to sell have been mentioned therein. These ingredients are sine qua non to prove oral sale without which decree of specific performance cannot be pIndi Certainly! An **oral agreement to sell** is a verbal contract between parties to buy or sell goods or services. While many people assume that written contracts are the only valid form of agreement, oral contracts are legally binding, although proving their terms can be challenging in court¹. Let's delve into the key points: 1. **Validity of Oral Contracts**:    - **Generally Valid**: Oral contracts are generally...

Case law on de-acquire of land by commissioner

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Stereo. H C J D A 38 JUDGMENT SHEET IN THE LAHORE HIGH COURT, LAHORE JUDICIAL DEPARTMENT JUDGMENT   W.P.No.8177/2023 Lahore Development Authority  through its Director General  and another VS. Chaudhary Hamayun Mahmood  and another Ch. Muhammad Iqbal, J:- Through this constitutional  petition, the petitioners/Lahore Development Authority has  challenged the validity of order dated 16.11.2022 passed by the  Commissioner, Lahore Division, Lahore who accepted the  application of the respondent No.1 and de-notified the acquired  land measuring 17 Kanal 02 Marla of Khasra No.635 & 636  situated at Moza Bhobtian, Tehsil Raiwind, District Lahore.  2. Brief facts of the case are that the notification under  Section 4 of the Land Acquisition Act, 1894 was issued on  28.04.2003 [gazetted on 29.04.2003] for acquisition of land for  establishment of “LDA Avenue Housing Scheme” and thereafter  notifications under Section ...