Agreement to sell -- Specific performance - Plaintiff got examined himself as PW1 and attestors as PW2 and PW3 to prove agreements of sale - Nothing was elicited to impeach their evidence regarding execution of agreements in question - Plaintiff also issued notice to defendants demanding execution of sale deed - Defendants did not issue any reply denying execution of..........
Agreement to sell -- Validity - Mere denial of agreement would not automatically establish execution of agreement, particularly when plaintiff failed to prove execution of agreement...........
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 getting sale deed executed -..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Petitioner failed to establish his possession over suit property on basis of unregistered agreement to sell or that said agreement contains any clause of transfer of possession - Agreement which does not even reflect transfer of possession of suit property, cannot entitle petitioner for..........
Registration Act, 1908, Section 17, 49 -- Mortgage - Unregistered - Mortgage deed is inadmissible in evidence - However, plaintiff has right to recover loan amount of Rs.2 lakhs, on the basis of execution of receipt thereof which stands established alongwith interest at the rate of 12% per annum and future interest at the rate of 6% per annum...........
Agreement to sell -- Validity - Suit for specific performance - Plaintiff and defendant are closely related to each other - No payment was made by plaintiff at the time of execution of agreement to sell to defendant - Agreement was prepared later in point of time in order to cause loss to subsequent purchasers as stated by PW3 - Agreement is thus, is the result of..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Issue of jurisdiction and fraud - Objections not within the framework of S.47 CPC - Such objections to be raised in appeal alone - Since J.D. availed all the appeal opportunities, lead to conclusion that presumably they raised the issue of jurisdiction and fraud also but their pleas did not find favour with..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - Decree for specific performance - Suit filed within ten days of the date mentioned in the agreement - Averments of readiness and willingness in plaint - Stay application rejected...........
Will -- Suspicious circumstance - Testator admitted in hospital on the same day of execution of Will - No evidence on record that testator was suffering from any serious ailment and was not in a sound disposing mind - Will registered after five days - Testator appeared before Sub Registrar and disclosed that Will was voluntarily executed - Sub Registrar would not have..........
Karnataka Sales Tax Rules, 1957, Rule 6(4)(m)(i), 6(4) - - Levy of sale tax - Constitutional validity of R.6(4)(m)(i) of Rules - R.6(4)(m)(i) of Rules r/w R.6(4) Explanation III of Rules clarified that goods can be taxed only once and cannot be made subject matter of multiple incidence of tax - However, if goods which have suffered taxation undergoes transformation into a..........
