Specific Relief Act, 1963, Section 22 -- Agreement to sell - Refund of earnest money - Recovery suit - No bar u/s 22 of the Act to claim refund of earnest money paid by a party who is not at fault for failure of transaction ...........
Specific Relief Act, 1963, Section 22 -- Agreement to sell - Refund of earnest money - Recovery suit - Execution of agreement to sell is admitted by defendant - Defendant admitted that he was not owner of suit property at the time of execution of agreement and neither had he become owner thereof at the time of stipulated date for registration and execution of sale deed -..........
Negotiable Instruments Act, 1881, Section 4, Evidence Act, 1872, Section 34 -- Pronote - Suit for recovery - Non production of account books - It is of no consequence when there is no evidence on record that plaintiff in fact indulged in business of money lending and obviously plaintiff was not required to maintain books of account...........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Cause of action - Claim in suit is under two contracts (work orders) of recovery of money - Plaintiff may not in suit be able to take any claim in respect of first work order in view of forum selection clause, as jurisdiction clearly vested in Mumbai Courts - But can certainly proceed to establish its..........
Civil Procedure Code, 1908, Section 20(c), Order 37 -- Territorial jurisdiction - Summary suit for recovery of money - Plaint is specific as to cause of action, or at least a part of it, having arisen within jurisdiction of City Civil Court, question of City Civil Court not having any jurisdiction does not arise at all...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery of money - Leave to defend - Plaintiff not only categorically alleged about loan transactions in question including subsequent disbursal of amounts by defendant by way of repayment of loan - He also substantiated such claims prima facie by producing relevant cheque, bank statements and documents..........
Negotiable Instruments Act, 1881, Section 4, 118, Civil Procedure Code, 1908, Order 7, Rule 2 -- Suit for recovery on basis of promissory note - Presumption - Default in payment of loan borrowed by promisor/defendant despite issuance of legal notice - Plea of promisor/defendant that promisee/plaintiff fail to mention loan amount in his income tax return thereby he fail to..........
Negotiable Instruments Act, 1881, Section 118 -- Promissory note - Consideration - Presumption - Promissory note executed towards payment of dowry as security for such payment - No consideration passed under promissory note - More so, four persons executed the promissory note - Plaintiff not disclosed that one of said persons not signed promissory note - He thus,..........
Agreement to sell -- Specific performance - Relief of specific performance not granted - Suit not filed immediately after marking presence before Sub Registrar or few months thereafter and allowed creation of third party rights after two years - Even sale deeds not challenged - Plea that defendants not able to prove being bonafide purchaser is without merit - No..........
Agreement to sell -- Specific performance - Suspicion regarding date of execution of agreement to sell - Plaintiff filed suit with incorrect assertions that possession was delivered - More so, plaintiff in his earlier suit for injunction knew that property transferred as per compromise decree under the ownership of defendants No.2 & 3 but still he waited more than 1 year..........
