Showing : 921-930 of 4238 Results

GAUHATI HIGH COURT
Year of decision: 2015
Details
Agreement to sell -- Specific performance - Payment of balance sale consideration at the time of registration of agreement - No such stipulation in the agreement - Contention thus is hit by S.92 of Evidence Act, inasmuch as, oral evidence cannot override to the registered written agreement - Suit rightly decreed in..........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Non-disclosure of cause of action - Suit for declaration - Plaintiff despite claiming declaration, has not sought any relief for cancellation of sale deed - In the absence of relief of cancellation of said sale deed, suit itself is not maintainable as relief of declaration..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 420, 467, 468, 120B, 506-- Cheating - Agreement to sell - Sale of property to third person - Property sold to subsequent vendees much after the relevant date to execute the sale deed - Question of any dishonest intention or cheating did not arise - Civil suit for specific performance already filed - Dispute between parties..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 31-- Transfer of case - High Court has no jurisdiction to pass orders and give directions to Court Receiver for sale of property in public auction after establishment of DRT Act as proceedings are automatically transferred to DRT - Action of Court Receiver is void ab initio in law - Order of DRT and..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 24, Limitation Act, 1963, Section 5-- Limitation - Condonation of delay - Provision of S.5 of Limitation Act is applicable to provisions of DRT Act - DRT ought to examine S.5 while deciding question of condonation of delay - Orders of DRT and DRAT by dismissing application of respondent for setting aside sale and condonation of delay..........
CALCUTTA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit for specific performance - Amendment sought to incorporate a case of fraud and consequential prayer for declaration to nullify the sale of suit property by defendant No.1 to defendant No.2 - However, on the date of institution of suit plaintiff was aware that suit..........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Agreement to sell -- Specific performance - Limitation - Suit filed within three years from the date of denial on the part of defendants to execute the sale deed - No delay or laches on the part of plaintiffs in seeking remedy by way of suit of specific performance - Suit, held, not barred by limitation...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 31, Transfer of Property Act, 1882, Section 54-- Cancellation of sale deed - Cancellation of a registered sale deed by vendor without notice to vendee and without his consent and without joining him as a party to the cancellation deed - Not valid in law...........
MADRAS HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Barred by law - Suit for specific performance - Where in the agreement of sale, specific date has been fixed for performance of agreement, then no, compliance of agreement on the said date would give a cause of action to file the suit for specific performance within three..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2015
Details
Transfer of Property Act, 1882, Section 54, Indian Contract Act, 1872, Section 10-- Conditional sale - Mere mentioning of conditions resulting in payment of development charges and other charges to the concerned Department is a regular feature in the sale deed and merely on that basis sale cannot be declared as conditional sale particularly when full consideration has been paid..........

Showing : 921-930 of 4238 Results