Specific Relief Act, 1963, Section 22 -- Agreement to sell - Refund of earnest money - Recovery suit - No bar u/s 22 of the Act to claim refund of earnest money paid by a party who is not at fault for failure of transaction ...........
Specific Relief Act, 1963, Section 22 -- Agreement to sell - Refund of earnest money - Recovery suit - Execution of agreement to sell is admitted by defendant - Defendant admitted that he was not owner of suit property at the time of execution of agreement and neither had he become owner thereof at the time of stipulated date for registration and execution of sale deed -..........
Stamp Act, 1899, Section 35 -- Impounding of documents - Refund of stamp duty - Suit for specific performance - Where the parties to the proceedings have consented to obtain a consent decree of specific performance pursuant to which deed of conveyance was executed and full stamp duty was paid by one party and no objection was raised by other party at any stage in reference..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff was not having money on the date of execution of sale of agreement itself and thereafter - Cross-examination of plaintiff shows that his earning was hand to mouth - Defendant was in need of money, as his father was having heart disease - Said fact is admitted by plaintiff - Plaintiff thus,..........
Customs Act, 1962, Section 27 -- Claim of Refund of Duty - Cannot be invoked in absence of amendment or modification having been made in bill of entry on basis of which self-assessment has been made - Order of self assessment is required to be followed unless modified before claim for refund is entertained...........
Customs Act, 1962, Section 27, 17(3), 17(4), 17(5) -- Claim of refund of duty - Reassessment - While processing refund application, reassessment is not permitted not conditions of exemption can be adjudicated - Reassessment is permitted only u/ss.17(3), 17(4), 17(5) of the Act...........
Customs Act, 1962, Section 27, 17 -- Claim of refund of duty - An order of assessment or reassessment in case Assistant Commissioner or Deputy Commissioner of Customs while dealing with refund application is permitted to adjudicated upon entire issue which cannot be done in ken of refund provision u/S.27...........
Customs Act, 1962, Section 27, 17, Central Excise Act, 1944, Section 11(b), Customs Tariff Act, 1975, Section 3(1) -- Claims of refund of duty - No challenge to order of assessment - Refund application - Held, that claim for refund cannot be entertained unless order of assessment or self-assessment is modified in accordance with law by taking recourse to appropriate..........
Civil Procedure Code, 1908, Section 60, Constitution of India, 1950, Article 226 -- Securitisation and Reconstruction of Financial Assets and Enforcement Security Interest Act, 2002 - Payment of loan - Liability to refund - Petitioner filed application for disbursement of his pension - Pension amount not disbursed and Bank directed to arrange to close loan account -..........
Agreement to sell -- Specific performance - Possession delivered as vendee agreed to pay rent at customary rate - Vendee did not pay rent for 13 long years - Vendee did not act in a proper manner - Equity is totally against him - Vendee is not entitled to claim discretionary relief of specific performance of agreement having not performed his part of the contract even if..........
