Showing : 1441-1450 of 4369 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Registration Act, 1908, Section 17A, Transfer of Property Act, 1882, Section 53A-- Agreement to sell - Compulsory registratio, An agreement by which possession of immovable property is delivered to the prospective vendee, requires registration to claim protection u/s 53 of Transfer of Property Act - In the instant case, possession of suit property was not delivered by defendant..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Specific Relief Act, 1963, Section 20-- Specific performance - Agreement for sale - Held, mere fact that land was mortgaged with bank, relief of specific performance could not be denied - Encumbrance attached to land could be removed by defendant before effecting sale and no objection could be obtained from bank or prospective vendee..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Specific Relief Act, 1963, Section 20-- Specific performance - Held, if under terms of contract, plaintiff gets an unfair advantage over defendant, Court may not exercise its discretion in favour of plaintiff - Specific relief may not be granted if defendant would be put to undue hardship which he did not foresee at the time of..........
MADRAS HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219(1)-- Dishonour of cheque - Four cheques - Single complaint is maintainable - All four cheques dated 27.07.2011 presented on same day in pursuance of agreement entered into between parties - Said cheques were returned on same day - One statutory notice issued in respect of all four cheques - Held, one..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Hire Purchase agreement -- Non payment of instalments - Forcible taking possession by financier - No criminal offence made out - Held, in an agreement of hire purchase, the purchaser remains merely a trustee/bailee on behalf of the financier/financial institution and ownership remains with the latter - In case the vehicle..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Punjab Land Revenue Act, 1887, Section 117-- Partition proceedings - Abeyance of - Claim of petitioner is based on an agreement to sell - Suit for specific performance is pending where respondent No.3 has been restrained from alienating suit property - Said suit was filed in year 2008 and is yet to be decided - Both parties are recorded as..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Agreement to sell -- Forfeiture of earnest money - Transaction falling through by reason of default or failure of purchaser - Part payment of purchase price cannot be forfeited unless it is a guarantee for the due performance of the contract - In other words, if the payment is made only towards part payment of..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Agreement to sell -- Forfeiture of earnest money - Transaction falling through by reason of default or failure of purchaser - Forfeiture of earnest money can only be (1) if the terms of contract are clear and explicit (2) earnest money is paid or given at the time when the contract is entered into; (3) earnest money..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Agreement to sell -- Earnest money - Scope - (1) It must be given at the moment at which the contract is concluded; (2) It represents a guarantee that the contract will be fulfilled or, in other words, "earnest" is given to bind the contract; (3) It is part of the purchase price when the transaction is carried out;..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Agreement to sell -- Suit for specific performance - Inadequate price - Specific performance of an agreement cannot be declined merely on the ground of inadequate consideration and more so when there is no evidence of any sale transaction or any other evidence to depict that the sale consideration mentioned in the..........

Showing : 1441-1450 of 4369 Results