Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Suit for specific performance - Subsequent agreement to sell with another person - Held, such a person is not a necessary party for determination of the genuineness or otherwise of the agreement of sale entered into in between the parties to the suit - Application dismissed...........
Consumer Protection Act, 1986, Section 14 -- Relief - Despite breach of statutory duty, a Consumer Fora cannot help complainant in absence of any contract of sale or agreement to sell or any agreement to render service - It is only Civil Courts or the High Court which would issued directions to enforce statutory duties cast on OPs...........
Civil Procedure Code, 1908, Section 94(c), Order 39, Rule 2-A, Contempt of Courts Act, 1971, Section 12, 2(b) -- Order prohibiting creating any interest in favour of third party either by sale, mortgage, transfer, assignment, gift or 'in any other manner whatsoever' - Held, entering into an agreement or acceptance of full or even part consideration is hit by said order and..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Hire purchase agreement between parties - Presumption u/s 139 - Rebuttal of - Quashing of proceedings - In complaint it is clearly mentioned that even after seizing the vehicle and selling the same and after realizing the amount from sale proceeds, there..........
Transfer of Property Act, 1882, Section 58 -- Sale & agreement to repurchase embodied in separate documents - Not mortgage - Time to be essence of contract - Held, that if sale and agreement to repurchase are embodied in separate documents, it cannot be a case of mortgage and in such cases relating to reconveyance time is always the essence of contract - There was..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Housing - Joint venture agreement - Collaboration agreement - Development agreement - Construction contract - Deficiency in service - Complaint maintainability - Contract for construction of an apartment of house for appellant in accordance with specifications in term of contract - There is consideration for such..........
Agreement to sell -- Specific performance - Limitation - Sale deed was to be executed within one month of permission from the authority - Amendment introduced whereby no permission of authority was required for executing sale deed - Limitation of three years to file suit starts to run from date of introduction of amendment in the statute. (Limitation Act, 1963, Art.54)...........
Agreement to sell -- Specific performance - Ready and willing - Sale deed was to be executed within one month of permission from the authority - Efforts not made for taking permission of authority - Restriction on sale or transfer removed by Amendment in the Act - Held, plaintiff not ready and willing to perform his part of the contract - Suit not filed within time - Order..........
Agreement to sell -- Suit for specific performance - Agreement to sell on behalf of self and on behalf of other joint owners - Other co-sharers not consented for the intended sale - Agreement to sell does not bind other co-sharers - Plaintiff can seek specific performance of the agreement in respect of the proportionate share in the property if the agreement is admitted -..........
Specific Relief Act, 1963, Section 22 -- Suit for specific performance - Possession - Relief of possession is inherent in the relief of specific performance - In cases where possession is parted with subsequent to such contract or agreement for sale, plaintiff must seek the relief of possession...........
