Showing : 41-50 of 80 Results

KARNATAKA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Restraining defendant from interfering with possession of plaintiff - Defendant claiming to be in possession of property under an unregistered agreement of sale - Said agreement of sale shall have no effect for purpose of S.53-A of T.P.Act - Plaintiff on the other hand..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Arbitration and Conciliation Act, 1996, Section 8-- Unregistered document of lease - Arbitral clause - Severance of - Held, an arbitral agreement itself does not require to be registered and consequently a clause for an arbitration in an unregistered document of lease which is required to be registered could be severed from other clauses and given..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 482, 320, , Section 420- - Cheating - Quashing of proceedings - Accused alleged to have deceitfully collected lakhs of rupees under cover of registered/unregistered deeds - No documents filed to show that parties had either compromised or settled their dispute - Fact of payment of money to complainants by invoking bank..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Agreement to sell -- Unregistered - Requirement of law for registration of agreement is only when transferee seeks protection of S.53-A of Transfer of Property Act, by virtue of his continued possession in part performance of the agreement for sale - Suit for specific performance on the basis of unregistered agreement..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Agreement to sell -- Specific performance - In part performance of agreement possession delivered - Agreement not registered - Held, such an unregistered agreement cannot be used to take benefit of S.53-A TPA - However, suit for specific performance on the basis of such unregistered agreement to sell is maintainable...........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Partnership Act, 1932, Section 69-- Unregistered partnership firm - Suit for declaration that Joint Venture Agreement is null and void and not binding upon the plaintiff - Said agreement entered into by defendant No.1 in his purported capacity as the sole owner of the suit property - Partnership firm or any of the partners are not..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Registration Act, 1908, Section 17(1A), 49, Transfer of Property Act, 1882, Section 53A-- Suit for specific performance - Unregistered agreement containing clause recording part performance of the contract by delivery of possession or executed with a person who is already in possession - Such a contract would only deprive the person in possession of any benefit conferred by S.53-A of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Registration Act, 1908, Section 17(1A)-- Transfer of Property Act, 1882, S.53-A - Unregistered agreement - Enforceability of - Held, according to S.17(1A) of the Registration Act, if such agreement is not registered, then the prospective vendee cannot avail of the protection u/s 53-A of the Transfer of Property Act, 1882 - However, it..........
RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Suit for specific performance - Restraining defendant from alienating, transferring or creating any third party interest in the suit land during pendency of suit - Unregistered agreement to sell is admissible in evidence in a suit for specific performance - Plaintiff..........
DELHI HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Plaintiff has set up their case seeking possession of suit premises from the tenant as also for recovery of damages, mesne profits etc. - Plea regarding agreement being non registered cannot be the ground for rejection of plaint outrightly - Effect of non registration of the..........

Showing : 41-50 of 80 Results