Showing : 1-10 of 1703 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell -- Further agreement to sell by vendee in favour of subsequent vendee - Assignment of rights - Contingent contract - Further agreements are clearly contingent contracts inasmuch as they could only be enforced had vendee obtained right to get sale deed executed and taken possession of suit property as..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Partition -- Final decree - Appointment of Local Commissioner to partition the suit property according to preliminary decree - Appellant purchased some portion of suit land after passing of preliminary decree but before final decree - Sale hit by rule of lis pendence - Held, decree holder was not bound to give..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Transfer of Property Act, 1882, Section 45-- Joint ownership - Presumption of ownership - Predecessor of plaintiffs and defendants are brothers - They proposed to purchase property together - Subsequently, predecessor of plaintiffs retracted and was not interested to purchase property due to funds crunch - Predecessor of defendants alone..........
GUJARAT HIGH COURT
Year of decision: 2019
Details
Guardians and Wards Act, 1890, Section 29, Hindu Minority and Guardianship Act, 1956, Section 8-- Joint Hindu Family Property - Undivided share of minor - Sale by Karta/natural guardian - Without permission of Court - Where property in question is Joint Hindu Family Property in which minor had undivided share, previous permission of Court before disposing of property by Karta is not required...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration that sale deed in question is null and void - Plaintiffs contended that suit property is ancestral property - Burden to prove that suit property was self acquired property of husband of vendor was on appellant/purchasers - Appellants failed to discharge such burden - Since..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Consumer Protection Act, 1986, Section 23, 2(1)(d)-- Deficiency in service - Sale of shop - Non-delivery of possession of shop - Consumer - Premises in question were booked, as complainants wanted to come down to Delhi to start a business after disposing of property in Denmark - Complainant was not employed any more in Denmark and he was serving Red..........
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 an option to repurchase - Plaintiffs mortgage their 2-1/2 acres of agricultural lands for credit purchase of daily necessities - Financial stringency of plaintiffs is apparent from their failure to repay anything even after execution of installment bond -..........
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 an option to repurchase - Valuation of property, transaction value, along with duration of time for re-conveyance are important considerations to decide the nature of agreement as to whether an agreement is a mortgage by conditional sale or sale with an..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Registration Act, 1908, Section 17(1)(b)-- Agreement to sell - An agreement for sale by itself does not create any interest or charge in a property agreed to be sold and it is for this purpose that agreement for sale is not treated as a conveyance for the purpose of Registration Act and therefore, not compulsorily registered u/s 17(1)(b)..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 38-- Suit for permanent injunction - Plaintiffs were in possession of suit property pursuant to agreement for sale - Defendant failed to oppose the possession of plaintiff or proved better title than one possessed by plaintiff - Suit held, rightly decreed by Court below...........

Showing : 1-10 of 1703 Results