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Results of money suit

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Showing : 201-210 of 643 Results

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Transfer of Property Act, 1882, Section 62, Limitation Act, 1963, Article 61 -- Usufructuary mortgage - Right to recover possession - Commences when mortgage money is paid out of rents and profits or partly out of rents and profits and partly by payment or deposit by mortgagor - Until then, limitation does not start for purposes of Article 61 of the Schedule to the..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2014
Details

Transfer of Property Act, 1882, Section 58(d), Limitation Act, 1963, Section 61(a) -- Usufructuary mortgage - Redemption - Limitation - Commences when `right to redeem' or to `recover possession' accrues - Such a right accrues only when mortgagor returns the mortgage money - Held, suit filed within thirty years after offering payment of full mortgage money, is within..........

DELHI HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - Important factors for deciding the application for amendment of pleadings are : (i) whether the amendment sought is imperative for proper and effective adjudication of the case; (ii) whether the application for amendment is bona fide or mala fide; (iii) the amendment should not cause such prejudice to..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2014
Details

Agreement to sell -- Specific performance - Relief of - Delay to bring the present suit for some other ulterior motive is sufficient to disentitle plaintiff to the relief of specific performance - Refund of earnest money with 6% per annum interest ordered...........

RAJASTHAN HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Section 34 -- Interest - Money suit - Interest agreed to be paid @ 2% per month - Suit decreed with interest payable @ 2% p.m. - Held, award of interest @ 2% p.m. is exorbitant interest - Interested reduced to 9% p.a...........

DELHI HIGH COURT

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 138, , Section 3 - - Dishonour of cheque - Money lender - Held, provision of S.3 of Act of 1938 does not debar a money lender from instituting a complaint u/s 138 of NI Act, which is a remedy enforceable before a criminal Court, and totally independent of a civil suit...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2014
Details

Agreement to sell -- Specific performance - Grant of decree of recovery of earnest money - No reason forthcoming as to why plaintiff kept mum for a long period of 22 years after execution of agreement to sell - Nothing on record to support the plea that plaintiff kept on asking defendant for execution of sale deed in his favour at any point of time - Held, long delay in..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2014
Details

Agreement to sell -- Suit decreed for refund of earnest money - In appeal thereagainst due execution of agreement and readiness and willingness not challenged - Appeal filed only qua payment of interest awarded on earnest money - Held, defendant cannot now urge that there was error on the part of first appellate Court for not re-appreciating the evidence with regard to..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 18, Rule 17 -- Closing of evidence - Validity - Suit for declaration filed on 14.03.2003 - Case fixed for evidence of defendants for first time on 29.05.2013 - Trial Court closed their evidence on 22.07.2013 without affording adequate opportunity to conclude evidence - Defendants already deposited process fee and diet money for summoning..........

BOMBAY HIGH COURT

Year of decision: 2014
Details

Agreement to sell -- Specific performance - Agreement voluntarily and consciously entered by defendant - Earnest money proved - Signature on agreement admitted by defendant - Readiness and willingness of plaintiff also proved - As regards fraudulent agreement made by plaintiff, in the absence of necessary details, as required U.O.6.R.4 CPC, it cannot be said that..........

Showing : 201-210 of 643 Results