Consumer Protection Act, 1986, Section 2(1)(g), 3 -- Additional remedy - Complicated questions of facts and law - Plot allotment - Sale deed - Execution of - Held that the consumer complaint can be entertained though a civil suit on the same cause of action may also can be filed - It does not mean that the CP Act, 1986 gives lee-way to circumvent the regular procedure of..........
Consumer Protection Act, 1986, Section 2(1)(g), 3, Limitation Act, 1963, Article 54, Contract Act, 1872, Section 23, 24, 28 -- Additional remedy - Complicated questions of facts and law - Plot allotment - Sale Deed - Execution of - Specific performance - Limitation - Original contract made between deceased 'S' and deceased -'M-' sometime in 1969 - Assuming that no date was..........
Evidence Act, 1872, Section 59, 61, 62, 3, Transfer of Property Act, 1882, Section 54 -- Sale deed - Recital of payment of price - Fact of payment of price has to be proved by oral evidence - Mere production of a document will not prove the facts stated in the document...........
Evidence Act, 1872, Section 59, 61, 62, 3, Transfer of Property Act, 1882, Section 54 -- Sale deed - Recital of payment of price - Payment disputed - Held, when price for the sale is disputed and is in issue, mere admission of execution of a sale deed which contains a narration of a past or future event of payment of price for the sale will not prove that there was payment..........
Evidence Act, 1872, Section 91, 92, 3, Transfer of Property Act, 1882, Section 54 -- Sale deed - Payment of price - There is no bar for adducing oral evidence either u/ss 91 & 92 to prove payment of price for the sale or existence of sale u/s 54 of Transfer of Property Act...........
Transfer of Property Act, 1882, Section 54, Evidence Act, 1872, Section 91 -- Sale deed - Payment of price for sale - Not `terms' of sale, but it may be a legal requirement to constitute sale itself...........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Housing - Plot allotment - Semi - built house - Excepting payment of Rs. 40,000/ - and carrying on correspondent respondent not making any payment either of the plot allotted or the semi built house for 14 years - He did not comply with the schedule of payment which stipulated that an allottee was to pay six..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Housing - Plot allotment - Semi-built house - Excepting payment of Rs.40,000/- and carrying on correspondent respondent not making any payment either of the plot allotted or the semi built house for 14 years - He did not comply with the schedule of payment which stipulated that an allottee was to pay six quarterly..........
Agreement to sell -- Specific performance - Time when essence of contract - Sale agreement containing stipulation that execution of regular sale deed shall depend upon vendee getting satisfied regarding title to land, so also the nil encumbrance - Mode of payment of balance consideration in installments, with date on or before which, each installment was to be payable..........
Contract Act, 1872, Section 51 -- Reciprocal promise - Simultaneous performance - If the contract provides for payment of balance sale consideration on execution of sale deed then purchaser need not pay balance sale consideration if vendor was not willing to execute the sale deed - Similarly the vendor need not execute the sale deed unless the purchaser is ready to pay the..........
