Consumer Protection Act, 1986, Section 12 -- Deficiency in service - Allotment of flat - Delay in handing over flat - Damages - Reckoning date - Complainants tried to execute agreement and sought for conveyance of property through National Consumer Commission - Even in first appeal, offers were being made on behalf of appellants to convey alternative properties, which were..........
Will -- Suspicious circumstances - Testator expressed his desire to execute Will in favour of DW4 in presence of plaintiff - DW4 stated that plaintiff agreed to wish of testator - One of attesting witness of Will and scribe corroborated the statement of DW4 - Testator was mentally and physically sound at the time of execution of Will - Will executed by testator of his own..........
Agreement to sell -- Specific performance - Suit for possession - Counter claim of specific Performance - Readiness and willingness - Agreement execute in 1974 - No endeavour on part of defendants to have agreement performed till filing of counter claim regarding specific performance in 1985 - No evidence on record that defendants had at any time approached plaintiff..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Suit for specific performance - Suit property agreed to be sold by defendants on specified sale consideration - Defendants failed to execute sale deed - Plaintiffs always ready and willing to perform his part of obligation - Whether plaintiff ultimately succeeds in..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for specific performance - No time specified for sellers to execute sale deed - Period of limitation of 3 years as per Art.54 of Limitation Act, thus, start from the period when plaintiff noticed that performance is refused - Suit filed within said period of three years would..........
Specific Relief Act, 1963, Section 34, 38, 39 -- Suit for declaration that gift deed in question is null and void and for permanent and mandatory injunction - U, registered gift deed - Defendant relied upon a Will executed by plaintiff after deed of gift - Transaction of gift having concluded before execution of Will, is inconsistent to Will relied upon by defendant -..........
Specific Relief Act, 1963, Section 34, 20 -- Suit for declaration and specific performance - Execution of agreement to sell proved on record - Entire sale consideration was passed by plaintiff to defendant no.1 simultaneously with execution of agreement to sell and possession of suit property was also delivered to plaintiff - Plaintiff not prayed for execution of..........
Will -- Capability to execute - Will can be executed by blind person, provided he is able to know what he is doing. (Succession Act, 1925, S.59)..........
Arbitration and Conciliation Act, 1996, Section 34, 36 -- Objections to award and enforceability and execution of award - Distinction - Proceedings u/s 34 of the Act is step prior to execution of award - Only after determination of objections u/s 34 of the Act, party can move step forward to execute award...........
Agreement to sell -- Specific performance - Sale to third party - Third party purchased property knowing fully well about existence of sale agreement in favour of plaintiff - Third party is not bonafide purchaser for valuable consideration to have the protection under the provisions of Specific Relief Act - In the instant case plaintiff not only pleaded but also proved his..........
