Cancellation Of Sale Deed

The Supreme Court consisting of a two-judge bench held that non-payment of the entire sale consideration cannot be a valid ground for cancellation of the sale deed. This statement was recorded by the court in the matter of Vidyadhar v. Manikrao, the court held that the words “paid or promised price or part paid and the promised part” indicates that the actual payment of the full price at the time of the Deed is not a non-final sale sine qua non. The court also held that the non-payment of a certain portion of the price would not constitute the legitimacy of the sale. If the title deed has been transferred and the balance of the sale has not been paid then the title deed cannot be invalid for this reason.

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“I do not ask for mercy. I do not appeal to magnanimity. I cheerfully submit to any punishment that the court may impose,” a quote paraphrased from the sayings of Mahatma Gandhi, stated by Advocate Prashant Bhushan. The matter revolves around “Scandalizing the Court” or The Contempt of Court which relates to an offence that shows disrespect to the dignity or authority of the court in a certain way.

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Independence of Judiciary

This system can be called the ‘Horizontal Power-Sharing Model’. It is followed mainly to reduce the possibility of concentration of powers in any one organ, making it powerful. Through this system of division of power, the Constitution has endowed the system with checks and balances where one organ cannot infringe upon the areas others are dealing with.

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