Civil Procedure Code, 1908, Order 7, Rule 11, Court Fees Act, 1870, Section 7 -- Rejection of plaint - Court fee - Suit for specific performance in the garb of suit for declaration and mandatory injunction - Plaintiff cannot be permitted to avoid to pay ad valorum court fee by simply using different words and language - Order to pay ad valorum court fee on the..........
Transfer of Property Act, 1882, Section 53A -- Part performance - For applicability of the provision of S.53-A of the Act two conditions must be fulfilled : (a) transferee must, in part performance of the contract, have taken possession of the property or any part thereof; (b) transferee must have performed or be willing to perform his part of the agreement - It is only if..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Agreement to sell - Clause in agreement that permission is given to the vendee to start construction on the land - It is license which was given for the purpose of developing the land into flats and selling the same - Such licence cannot be said to be `possession' within the meaning of S.53-A of the Act,..........
Income Tax Act, 1961, Section 2(47)(vi) -- Transfer - Agreement to sell - Owner's rights were completely intact on the date of agreement to sell both as to ownership and to possession even de facto - S.2(47)(vi) of the Act therefore, not attracted...........
Income Tax Act, 1961, Section 2(47)(ii), (vi) -- Transfer - Agreement to sell - Compromise deed - Appellant/assessee entered into agreement to sell with builder - As per Compromise deed, appellant received agreed sale consideration and balance amount towards full and final settlement in respect of agreement also paid through 7 post dated cheques - All the cheques were..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2), (4)(a), (7) -- Enforcement of security interest - Bank taking possession of secured assets - Distribution of sale proceeds - Agreement providing that only employee's dues would be settled by Appellant-Bank and all other liabilities would be settled by..........
Agreement to sell -- Specific performance - Readiness and willingness - S.16(c) of the Act not only requires proof of readiness and willingness but both averment and proof of such readiness and willingness - However, that does not mean that there must be such averment as a matter of form - If averments made in plaint are otherwise capable of amounting to a case of..........
Agreement to sell -- Specific performance - Readiness and willingness - Averments made in plaint amounting to case of readiness and willingness as a matter of substance and not as a matter of form - Readiness and willingness on part of plaintiff thus, proved - Relief of specific performance rightly granted to plaintiff...........
Agreement to sell -- Specific performance - Stamp duty - No delivery of possession of suit property either before or after execution of suit agreement for sale was made - Possession is ordered to be delivered by defendants to plaintiff after execution of sale deed, as a part of decree of specific performance - There is thus, no substance in the argument that stamp duty of..........
Agreement to sell -- Specific performance - Settlement before Supreme Court - Concurrent findings of three Courts below in favour of plaintiff is on record - Parties have amicably settled the matter and defendant already received additional amount of Rs.12,50,000/- - Defendants thus, directed to apply for Town improvement Trust for transfer of suit property to plaintiff...........
