Civil Procedure Code, 1908, Order 41, Rule 33 -- Appeal - Suit for specific performance - Defendant acquired the suit property from her father through registered settlement deed - Recitals of document clearly show that defendant is having only life interest in suit property - Defendant has no right to transfer suit property to third parties including execution of..........
Development agreement -- Specific performance - Specific findings of Courts below that development agreement was cancelled and is substituted by MOU and plaintiff did not perform his part of contract under MOU - Plaintiff thus, not entitled to relief claimed in suit for specific performance for enforcing development agreement - Suit rightly dismissed...........
Indian Penal Code, 1860, Section 406, 420, Criminal Procedure Code, 1973, Section 482 -- Cheating and criminal breach of trust - Suppression of facts - Moreover development agreement itself is taking care of interest of both the parties and giving rise for specific performance or recovery to the other side, action of issuing process is wrong - Dispute civil in nature -..........
Agreement to sell -- Specific performance - Limitation - Date fixed in the agreement - Does not stand extended when defendant was pursuing application seeking permission of Land and Development Office (L&DO) - It is settled law that vendee cannot claim that cause of action for filing suit has not arisen on the date fixed in the contract on the ground that certain..........
Specific Relief Act, 1963, Section 14(3)(c) -- Development agreement - Specific performance - Courts do not normally order specific performance of a contract to build or repair - But this rule is subject to exceptions and a decree for specific performance of a contract to build will be made only upon meeting requirements under laws...........
Specific Relief Act, 1963, Section 14(3)(c) -- Development agreement - Specific performance - Analysis of decided cases for grant of specific performance in case of development agreement are : (i) Courts do not normally order specific performance of a contract to build or repair - But this rule is subject to important exceptions, and a decree for specific performance of a..........
Specific Relief Act, 1963, Section 14(3)(c)(i) -- Development agreement - Specific performance - Parties not clearly defined the nature of material to be used, requirement of quality, structure of building, size of flats and obligations of owner after plan is sanctioned - Exact amount of remuneration payable by owner to contractor not found in agreement - Agreement between..........
Specific Relief Act, 1963, Section 14(3)(c)(ii) -- Development agreement - Specific performance - Case of developer/plaintiff is that he incurred an expenditure towards clearing outstanding dues, security deposit and development, incidental and miscellaneous expenses - Alleged losses/damages incurred by plaintiff can be quantified - Plaintiff can be provided recompense for..........
Agreement to sell -- Specific performance - Agreement in question not hit by S.48 of Maharashtra Co-operative Society Act as agreement to sell in itself does not create any interest in the land nor does it amount to sale - It only enables the intending buyer to claim specific performance of such agreement on proving its terms - Moreover as dues of Land Development Bank..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Suit for specific performance and permanent injunction - Plaintiff entered into development agreement with defendant along with other joint owners - There was family settlement cum partition deed between co-owners of property which includes defendant and proposed defendants - Defendant in her..........
