Law: Civil Procedure Code (V of 1908)

Section: 96

(a) Contract-Agreement for sale of land-Time ordinarily not of the essence of contract. (b) Kabul River Project (Control and Prevention of Speculation in Land) Act, 1948, S. 4-Prohibits only alienation of "project land" and not an agreement for sale. It was contended that whenever sale of land is prohibited an agreement for sale without sanction should also be regarded as prohibited on grounds of public policy: Held, that there is little force in this contention. Section 4 of the Kabul River Project (Control and Prevention of Speculation in Land) Act, 1948 prohibits only alienation of land. If there is some condition precedent to the validity of a transfer it is open to the parties to enter into an agreement subject to compliance with the condition precedent. The attack on the agreement for sale on the ground of public policy can only succeed if it is shown that the intention of the agreement was to defeat a law. If the parties that enter into an agreement for sale contemplate only a sale with the requisite sanction they are not making any effort to deafeat the law. (c) Civil Procedure Code (V of 1908), S. 96-Points involving enquiry into facts or to which answer could be on facts if raised in trial Court-Cannot, in absence of strong reasons, be allowed to be raised for first time in appeal. (d) Question of law-Meaning-Such question can be raised at any stage. A pure question of law means a question which not only does not require any investigation into facts, but which could not have been met by a plea of fact if raised at the proper stage and ordinarily it will be a good argument as against a plea being a plea of law that it could have been met by an allegation of fact. The proposition is not open to contest that pure questions of law can be raised at any stage. Where in a case, on appeal, the High Court observed that to allow the question of law or of fact to be raised in appeal for the first time would clearly prejudice the other party and thus defeat the ends of justice Held, that it is the duty of the Court itself to apply the law. A party is not bound to engage a counsel. Whatever law becomes applicable on the admitted or proved facts, law has to be…

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