Showing : 1751-1760 of 4409 Results

SUPREME COURT OF INDIA
Year of decision: 2011
Details
Agreement to sell-- Specific performance - Time essence of contract - In case of contract relating to sale of immovable property, time is not normally of essence - However, this is not an absolute proposition which has several exceptions - In a contract relating to commercial enterprise, Court is strongly inclined to..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21(5)-- Plaint - Amendment - Suit for specific performance - Alternative relief of re-payment of advance consideration received by vendor sought by vendees by way of amendment of plaint before commencement of trial - Held, seeking alternative relief of re-payment of advance consideration received by..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Agreement to sell-- Suit for specific performance - Relief of specific performance declined - Held, it is beyond the scope of Court to consider as to whether the sale transaction in favour of subsequent purchaser is bona fide or not and to further hold that the sale transaction is a nominal one...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Specific Relief Act, 1963, Section 20, Civil Procedure Code, 1908, Section 11-- Agreement to sell - Suit for specific performance against vendor and subsequent purchaser - Plea of subsequent transfer fraudulent - Earlier finding in insolvency petitioner challenging such transaction as fraudulent - Principle of res judicata applies - It cannot be ignored in subsequent suit..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Agreement to sell-- Suit for specific performance - Relief of specific performance declined - Court cannot order subsequent purchaser to refund money payable to plaintiff...........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Stamp Act, 1899, Section 2(16)-- Telecom companies - Entering into agreement with owners of property for establishing antenna towers, generators and pre-fabricated shed and other facilities - Amounts to lease - Amenable to stamp duty under Article 35 of Schedule 1-B of the act...........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Stamp Act, 1899, Section 29(c)-- Stamp duty - By whom payable - Clause in agreement that document shall be registered at the cost of the lessor - Does not mean that stamp duty shall be payable to the State by the lessor - Clause confers a right in the lessee to adjust/recover the amount paid towards registration from the lessor...........
CALCUTTA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 20-- Exclusion of jurisdiction of Civil Court - Agreement as to - Enforceability of - Cause of action for filing suit arises not only within the jurisdiction of this Court but also within jurisdiction of New Delhi - Held, if both parties agreed that out of the two Courts which had jurisdiction to..........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 37, Rule 1-- Summary suit - Agreement as relied is registered, but except signatures of the parties at the bottom on each pages, the handwritten figures are unsigned - The allegations that those figures were handwritten, added subsequently, just cannot be overlooked at this stage - There is a dispute raised..........
PATNA HIGH COURT
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 420-- Clause of bilateral agreement not honoured by one party - Means breach of agreement - It is a civil dispute - Offence u/s 420 IPC not made out...........

Showing : 1751-1760 of 4409 Results