Agreement to sell -- Specific performance - Agreement in question not hit by S.48 of Maharashtra Co-operative Society Act as agreement to sell in itself does not create any interest in the land nor does it amount to sale - It only enables the intending buyer to claim specific performance of such agreement on proving its terms - Moreover as dues of Land Development Bank..........
Agreement to sell -- Specific performance - Dismissal of suit - Once the bargain to sale/purchase of any land fails, unsuccessful buyer becomes entitled in law to claim refund of earnest money from seller u/s 22 of the Act. (Specific Relief Act, 1963, S.22)...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration, separate possession and permanent injunction - Suit property claimed to be joint property by plaintiff - However, after examining mutation and jamabandis, Court recorded a finding that there were certain entries in mutation from where it is evident that portion of suit property was self acquired of..........
Indian Penal Code, 1860, Section 502 -- Defamation - To constitute an offence u/s 502 IPC, it must be established that accused is not only the owner of newspaper but also sold or offered the newspaper for sale...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Proposed beneficiaries under Will have no locus standi to question the validity or legality of sale deed executed by testator during his life time - It is only the executant/testator who can question the legality and validity of sale deed before competent Court...........
Registration Act, 1908, Section 34, 35, 69 -- Annulment of sale deed - Registering Officer is not required to evaluate title or irregularity in documents, particularly in absence of any express provision in the Act or Rules - Examination to be conducted by Registering Officer is only to ascertain that there is no violation of provisions of Registration Act - Registration..........
Civil Procedure Code, 1908, Section 153 -- Application u/s 153 CPC - For correction of decree - Maintainability - Decree for specific performance - In the instant case, plaintiff is seeking correction of decree to include boundaries mentioned in contract for sale - Said correction is necessary to make decree in conformity with description of property in contract for sale -..........
Haryana State Agricultural Marketing Board (Sale of Immovable Property) Rules, 2000, Rule 3 -- Application for allotment of plot - Dismissal of application - On the ground of non-payment of market fee for two financial years - None of the order, however, taken into consideration the proceedings of the 193th meeting - Even, as per judgment of Supreme Court, it is contended..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Question involved in subsequent suit for cancellation of sale deed as to whether petitioner had any right in property during life time of his father was already decided in earlier suit for permanent injunction - This would operate as res judicata - Subsequent suit dismissed being barred by res judicata...........
Auction Sale -- Acceptance of bid - Petitioners were sole bidders - They paid amount aggregating to 10 per cent of bid amount - Respondents, however, never accepted the bids either in writing or orally or by contract - Therefore, plea that a concluded agreement had been entered into between the parties is rejected...........
