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..........
Civil Procedure Code, 1908, Order 7, Rule 11, Limitation Act, 1963, Section 14, Article 113 -- Rejection of plaint - Barred by limitation - Suit for recovery of money for balance amount due with respect to services performed - Cause of action with respect to sale of goods and services are governed by Art.14 r/w Art.113 of Limitation Act - Sale of goods and services more or..........
Civil Procedure Code, 1908, Order 21, Rule 58(4) -- Execution - Money recovery based on pronote - Fraudulent transfer - If decree-holder is able to show that transfer by execution of settlement by judgment-debtor before even filing of suit and subsequent to contacting of money decree amount under pronote a fraudulent transfer to adjudicate, there is no necessity of filing..........
Specific Relief Act, 1963, Section 13 -- Imperfect title - Suit for recovery of earnest money - Agreement shows that neither defendant had saleable title qua specific khasra numbers regarding which he agreed to sell to plaintiff nor he alleged that original owners had title qua specific khasra numbers - Even, there was no agreement in favour of defendant by anybody to sell..........
Specific Relief Act, 1963, Section 13 -- Extension of date for execution of sale deed - Suit for recovery of earnest money - Defendant admitted that requisite NOC for sale of land is not available with him or with his own vendors on target date of execution of sale deed - Even, defendants claim that plaintiff agreed for extension of target date but no evidence led by..........
Specific Relief Act, 1963, Section 13 -- Extension of date for execution sale deed - Readiness and willingness - Suit for recovery of earnest money - In the instant case, defendant relied upon some affidavits allegedly given by original owners regarding presence before Sub-Registrar on extended date for execution of sale-deed - However, neither these affidavits is proved..........
Specific Relief Act, 1963, Section 13 -- Readiness and willingness - Suit for recovery of earnest money - Allegedly, original owners were also not exclusive owners of specific khasra numbers which defendant agreed to sell - Even, they were also recorded to be owner of only share in joint holding with their co-sharers - Therefore, without getting partition of property any..........
Indian Penal Code, 1860, Section 420, 406 -- Cheating - Loan transaction - Dispute between parties is purely civil in nature regarding recovery of loan amount - Remedy available to complainant is to file money suit in competent civil Court - Moreover, loan given to accused only for a period of 2 years - However, FIR came to be lodged after a period of 3 years from the date..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406 -- Quashing of order - Order taking cognizance - Cheating - Complainant himself admitted that he voluntarily gave loan to accused - Apparently, no fraudulent inducement to get the loan from complainant - Moreover, a reasonable amount was repaid to complainant - Ex-facie essential..........
Civil Procedure Code, 1908, Section 9, Order 7, Rule 11, Family Courts Act, 1984, Section 7 -- Rejection of plaint - Suit for recovery of money involving amount settled between parties, relating to marriage dispute - Jurisdiction of Civil Court - Suit cannot be treated as a simple suit for recovery of money rather Court undertaking such process is bound to take up question..........
