Showing : 21-30 of 1279 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Transfer of Property Act, 1882, Section 60-- Suit for possession by way of redemption of mortgage - Maintainability - Once sale deed is executed in favour of defendants pursuant to decree for possession by way of specific performance of agreement to sell, mortgage created by original owner in favour of mortgagees comes to an end - Defendants..........
KERALA HIGH COURT
Year of decision: 2018
Details
Transfer of Property Act, 1882, Section 55(6)(b)-- Right of buyer - Charge on seller's interest - Agreement to sell - Suit for specific performance - Agreement in question amounted to a loan transaction - There is thus, no buyer seller relationship between parties - Provision of S.55(6)(b) of the Act held, cannot be invoked...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Agreement to sell-- Unregistered - Marking of document as exhibit - Principal document namely the agreement to sell executed prior to coming into force of S.17(1-A) of Registration Act - Amended provision made applicable prospectively - Hence the same was not required to be compulsorily registered - Even if it was..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Readiness and willingness - Financial capacity of buyer - Mere oral assertion in evidence cannot be solely relied upon by Court to record finding that plaintiff was having sufficient funds available with him on the date of agreement to sell, particularly, when only defence..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Time essence of contract - Agreement to sell - Last date for execution of registration of sale deed agreed between parties - Once last date has been mentioned, Court was not correct in returning finding that time was not essence of contract. (Contract Act, 1872, S.54)..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Plea of fraud - One marginal witness and stamp vendor from whom defendant purchased stamp paper examined - When stamp paper was purchased, defendant has signed endorsement before stamp vendor - No evidence led by defendant to prove that stamp paper was not purchased by him - Defendant admits his..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Proof - First two pages of agreement to sell not signed by parties - Agreement to sell does not become doubtful, particularly when defendant has not led any evidence that agreement to sell is forged and fabricated...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Registration Act, 1908, Section 17-- U, registered receipts and documents varying the terms of original agreement to sell, were not the documents received in evidence for collateral purpose - Said documents were direct evidence evidencing variation of contract of a registered document cannot be varied by unregistered document..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Proof - Little bit different spacing of last four lines - Nothing important written in those last four lines - On careful examination of agreement to sell, it does not appear that blank thumb impression and signed papers have been used for drafting agreement to sell...........
GUJARAT HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 37, 38-- Suit for injunction - Entire suit based on an agreement to sell - No prayer for grant of specific performance - In the absence of main relief, i.e. specific performance of contract, no ancillary relief in the form of an injunction can be granted...........

Showing : 21-30 of 1279 Results