Civil Procedure Code, 1908, Order 22, Rule 4, Limitation Act, 1963, Section 5 -- Suit for specific performance - Condonation of delay in filing substitution application - Substantial amount given as advance money - Held, there is no question of any malafide or delay in such matters i.e. a suit relating to specific performance of contract to sell where a substantial amount..........
Agreement to sell -- Suit for recovery - Breach of contract - Forfeiture of advance amount - In absence of pleading, framing of an issue and evidence as to loss caused on account of stated breach of contract defendant is entitled to forfeit a nominal amount out of total price received...........
Agreement to sell -- Suit for recovery - Breach of contract - Forfeiture of advance amount - A substantial part of the price which is paid cannot be said to be an earnest money - The nomenclature of payment makes no difference and it is substance of the payment which is to be seen - In the instant case defendant allowed to forfeit an amount of Rs.50,000/- out of the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Contention of applicant that at the time of execution of sale-deed entire agreement amount i.e. Rs.5,56,000/- has been paid to seller before witnesses and cheque in question was given to seller in advance which he had assured to..........
Indian Penal Code, 1860, Section 420,406, Criminal Procedure Code, 1973, Section 482 -- Cheating - Civil dispute - Quashing of FIR - Cognizance of offence u/ss 420 and 406 IPC - As per oral and documentary evidence upon which challan has been filed it is a case of non-execution of sale deed by petitioner No.2 - Held, if dispute between parties was initially a civil..........
Contract Act, 1872, Section 53 -- Reciprocal promise - One party when prevents the other from performing his promise - Sale agreement when provides payment of certain sum as advance and certain sum within one month to enable vendor to purchase an alternative property and sale deed to be executed within three months and vacant possession of premises has to be delivered - If..........
Civil Procedure Code, 1908, Section 34, Specific Relief Act, 1963, Section 16 -- Suit for specific performance - Interest - Effective date of payment - Trail Court having held that plaintiff is not entitled to relief of specific performance has ordered refund of Rs.9,55,000/- with interest at 6% p.a. from the date of suit till the date of realization - Held, interest ought..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Purchase of vehicle by taking loan - Default in payment of loan amount - Vehicle seized - One of the partners of the firm gave a loan to repay the loan amount of the company and that accused issued a cheque to discharge his legal liability - No sane person would advance loan to a person who has already..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt - Determination - Accused had purchased goodwill of complainant in partnership and it was agreed that accused should refund advance amount paid to landlord - Held, it becomes liability on part of accused due to complainant - It cannot be said that cheques in question are..........
Specific Relief Act, 1963, Section 39 -- Security amount and advance instalment - Recovery of - Suit for recovery and not suit for mandatory injunction is maintainable...........
