Showing : 1-10 of 133 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell -- Nature of agreement - Loan transaction or agreement to sell - Not even a remote suggestion in the document that there was any loan or borrowing transaction between the parties and document was executed towards security - Recitals and stipulations in the agreement in affirmation of agreement for..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10, Civil Procedure Code, 1908, Order 9, Rule 13-- Death of defendant during pendency of application to set aside ex parte decree - Property alienated during pendency of application to set aside ex parte decree - Impleadment of transferee pendente lite - High Court allowed impleadment of transferee pendente lite on the ground that heirs of..........
CALCUTTA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 37, Rule 1, Civil Procedure Code, 1908, Order 8, Rule 5-- Recovery suit for loan amount - Undefended suit - Defendant never denied and in fact admitted the loan amount received from plaintiff in reply to letters issued by plaintiff - In fact defendant never denied the oral agreement executed between parties - However, defendant never came forward to..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 34, 38, Suits Valuation Act, 1887- - Plaintiffs entered into written agreement with regard to exchange of suit land with land of defendants - However, defendants pleaded that suit land was mutated in their name on the basis of oral agreement - Mutation entered on the basis of oral exchange is wrong as DW1 admitted that there was no..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Courts below while decreeing the suit failed to examine evidence in detail that scribe failed to prove the execution of agreement to sell - Stamp vendor not examined - Only oral evidence was produced - More so, possession of suit property was delivered to plaintiff on the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 10-- Stay of proceedings in subsequent suit - Two different suits filed in different jurisdiction for same estate - Suit at Ambala seeks decree of mandatory injunction directing petitioner to vacate suit premises and hand over its possession on basis of oral family settlement in 1998 whereas suit at..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Execution - In absence of original agreement to sell, merely on oral evidence of witnesses, execution of agreement to sell and payment of earnest money cannot be said to have been proved particularly when defendants took the plea that agreement to sell is forged and fabricated...........
CALCUTTA HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Plaintiff alleges that written agreement is outcome of oral agreement - However, there is no reference of oral agreement in written agreement - Plaintiff not placed any material before Court to discharge her burden to prove agreement is culmination of prior oral agreement..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 37, Rule 2-- Recovery suit - Refund of advance amount - Oral agreement of sale executed between parties - Plaintiff failed to prove the fact that Rs.25,000 was given by him as advance amount for purchasing defendant's property - Plaintiff is even silent about description, details and location of property -..........
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..........

Showing : 1-10 of 133 Results