Showing : 1-10 of 1608 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Transfer of Property Act, 1882, Section 58(c), 54-- Mortgage by conditional sale or sale with a condition to re-purchase - Change of mutation in the name of defendant is a formidable circumstance to show that document in question is a sale deed conveying absolute right and title to defendant...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Suit for specific performance - In execution of decree sale deed executed - Summons of case received by mother but mother did not bring the receipt of summons to the notice of defendant - Defendant prepared to deposit the entire amount spent by plaintiff towards..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell-- Specific performance - Sale deed should be executed after measuring of land as admitted by defendant/vendor - However, no measurement was carried out at any point of time, more particularly after execution of agreement to sell - Plaintiff was thus, justified in asking and insisting for measurement..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Benami Transactions (Prohibition) Act, 1988, Section 3-- Benami transaction - Sale deed in favour of wife - Merely because husband contributed part sale consideration, it cannot be inferred that sale deed in favour of wife was benami transaction and for and at behalf of joint family...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Benami Transactions (Prohibition) Act, 1988, Section 3-- Benami transaction - Sale deed in favour of wife - Merely because of stamp duty at the time of execution of sale deed was purchased by husband, by that it cannot be said that sale deed in favour of wife was benami transaction...........
CHHATTISGARH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of intervener - Joint Hindu Family Property - Alienation of undivided share by one of co-parcenar - Sale deed in question executed after institution of partition suit - S.52 of T.P Act will be applicable and right of purchaser is subject to outcome of litigation - Purchaser will get..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration of ownership on the basis of sale deed - It is always open for the defendant, who is stranger to the Sale Deed, to raise a plea that either the Sale Deed is not binding to him or the same was without consideration or it was a nominal Sale Deed or void or fictitious, for that..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 20-- Specific Performance - Auction sale - Plaintiff purchased the plot in auction - He directed to deposit 75% of sale proceeds along with simple interest - Plaintiff deposited the said amount within 15 days in compliance of said direction - Suit of plaintiff rightly decreed by trial Court and..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Transfer of Property Act, 1882, Section 58(c), 54-- Mortgage by conditional sale or sale with condition to repurchase - Recitals of document shows that if amount not repaid within stipulated time of 5 years, transferee will have absolute right and mortgage will be treated as an absolute sale and transferee to pay land revenue and other charges -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Agreement to sell-- Suit for specific performance - Agreement to sell though in fact is sale deed but since sale is not complete as it is not registered as such suit filed by plaintiff for direction to defendant to get the same registered and enforced is maintainable...........

Showing : 1-10 of 1608 Results