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Results of recovery of agreement amount

Showing : 11-20 of 51 Results

DELHI HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Recovery suit - Termination of agreement to sell by plaintiff - Existence, execution and validity of agreement to sell is an admitted fact - Clause of agreement specifically provided that in the event of its termination, defendants shall be entitled to forfeit 25% of earnest money paid at the time of..........

DELHI HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Agreement to sell - Earnest paid Rs.Six lakhs - Plaintiff having reasons to doubt as to defendant being exclusive owner of the property - Plaintiff called upon defendant to share chain of documents conferring title on him to which there was no response - Suit for recovery of earnest money..........

RAJASTHAN HIGH COURT

Year of decision: 2017
Details

Agreement to sell -- Suit for specific performance - Grant of alternative relief of recovery of amount - Loan transaction - Agreement to sell shows that intention of defendant was to pay outstanding amount of loan taken from plaintiff and not to sell property - When defendant failed to perform as per agreement, then another agreement was executed - Trial Court rightly..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2017
Details

Limitation Act, 1963, Article 113 -- Limitation - Recovery suit for money - Work contract between parties - Cause of action accrued to plaintiff in 1990, when defendant rescinded agreement and forfeited security amount for no, performing of work by plaintiff within stipulated period - Limitation was only 3 years from 1990 but neither any dispute raised nor any suit filed..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Agreement to sell -- Specific performance - Plea of cancellation of agreement - Said plea is not substantiated as no such plea was raised by defendant in her reply to the legal notice sent by plaintiff for execution of sale deed - Even otherwise, defendant has not challenged the judgment passed by appellate Court allowing alternative relief of recovery of advance amount,..........

DELHI HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 37 -- Summary suit for recovery - Maintainability - Suit by a lender for recovery of balance amount of money out of amounts lent to defendant - Amount claimed in suit would be the balance due at the foot of account after taking various repayments by defendant - Cause of action in plaint would not conclude with original/historical agreement..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Agreement to sell -- Recovery of possession - Defendants were put into possession in part performance of agreement to sell and they have not claimed any specific performance of agreement to sell - Defendants failed to prove the payment of entire sale consideration - Status of defendants is nothing but that of a trespasser - Since defendants were in possession of property,..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2013
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Hire purchase agreement - Once the financier had exercised the option of seizure of vehicle, post dated cheques obtained from purchaser cannot be presented for encashment after the seizure - Owner has to take recourse to other legal remedies for recovery of balance amount...........

RAJASTHAN HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 13, Rule 3 -- Impounding of document insufficiently stamped - Suit for recovery on basis of receipt - Receipt bearing signatures of defendant only - Amount forming part of consideration of sale of plots which defendant received without having title over plots - Held, receipt cannot be termed as agreement - Impugned order set aside...........

BOMBAY HIGH COURT

Year of decision: 2012
Details

Sales of Goods Act, 1930, Section 45, 55 -- Suit for price - Agreement to purchase computer system - Purchaser paying advance amount - Failure by purchaser to pay balance amount so as to enable seller to deliver computer - Purchaser offered to buy computer system at lower price on ground that price of computer had decreased - Seller would be "unpaid seller" in terms of..........

Showing : 11-20 of 51 Results