Agreement to sell -- Specific performance - Bona fide purchaser - Clear variance between statements and evidence of PW1 and PW2 ascribing knowledge/notice to subsequent purchasers regarding agreement to sell - Subsequent purchasers even disputed said fact by stating that that they were not aware of agreement more so, when they already had an agreement in their favour from..........
Specific Relief Act, 1963, Section 19(b) -- Bona fide purchaser - S.19(b) of the Act does not permit vendor to unilaterally terminate prior agreement of sale and to alienate property and thus, purchaser cannot be made to suffer on this account for no fault of his...........
Agreement to sell -- Oral - Specific performance - Bona fide purchaser - Vendor sold property prior to oral agreement to sell - Purchaser would be a bona fide purchaser...........
Civil Procedure Code, 1908, Section 64(2) -- Scope - To get benefit of S.64(2) CPC, objector and/or subsequent purchaser has to plead and prove that he is the bona fide purchaser, who has entered into the transaction prior to the order of attachment...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of transferee pendente lite - Petitioner is not a bona fide purchaser, FIR has been lodged against him - He was aware of matter being sub judice along with respondent No.4 who is actually defending the civil suit filed against her and is duly served - Impleadment application rightly dismissed...........
Transfer of Property Act, 1882, Section 48 -- Successive transfers - The fact that subsequent purchaser is a bona fide purchaser cannot be a ground by itself for postponing rights of prior transferee...........
Specific Relief Act, 1963, Section 19(b) -- Bona fide purchaser - Suit for declaration of title - Decree for specific performance obtained by plaintiff in earlier suit behind the back of a bona fide purchaser, as transaction had taken place prior to institution of suit for specific performance - Plaintiff had knowledge of transaction with respect to suit land between third..........
Agreement to sell -- Specific performance - Bona fide purchaser - Execution of GPA by defendant no.1 in favour of defendant no.2 is not denied by defendant no.1 - Defendant no.2 executed sale deed in favour of defendant no.3 on basis of said GPA - Defendant no.1 categorically stated in his written statement that agreement in favour of plaintiff is forged and fabricated -..........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Plea of bona fide purchaser - Agreement to sell entered into between defendant and original owner - However, original owner sold the property in favour of GK prior to initiation of suit against original owner by defendant - Thus, at the time of filing suit for specific performance against original owner..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 419, 407, 468, 471, 260, 263Ka -- Quashing of charge sheet - Cheating - Fake stamps - Allegations made in FIR show that victim incorporated ingredients necessary for prosecuting accused for offence alleged - Question whether complainant will be able to prove allegation in the manner known to..........