Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Expartee decree - Suit for specific performance - Mere fact that purchaser has purchased land in question from decree holder on basis of sale deed executed in his favour subsequent to sale deed executed in favour of decree holder through process of Court..........
Stamp Act, 1899, Section 3, 17, 27 -- Stamp duty - Valuation of property - Agreement to sell - Suit for specific performance - Market value of property should be assessed on the market rate prevailing at the time of registration of sale deed not when the parties entered into such agreement to sell - It is irrelevant that matter has been in the litigation for a long time...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Examination of Ahlmad of Court along with record of criminal case wherein original Will and sale deed are stated to be attached - Production of said additional evidence would certainly not cause any prejudice to defendants - Moreover, defendants would also have an opportunity to lead evidence in rebuttal to..........
Agreement to sell -- Suit for specific performance - Limitation - Sale deed was to be executed within six months of execution of agreement - Suit filed after seven years of execution of agreement - "Date fixed for the performance" in Art.54 Limitation Act means there is a definite date fixed for doing a particular act - There is no question of finding out the intention..........
Stamp Act, 1899, Article 47A -- Stamp duty - Agreement to sell - Agreement containing a specific recital of delivery of possession or indicating delivery of possession even in past, is liable for stamp duty as a sale u/art 47-A Explanation of the Act - However, if there is no such recital of delivery of possession in the agreement, it is not liable for stamp duty...........
Civil Procedure Code, 1908, Order 21, Rule 89, 92 -- Confirmation of sale pending appeal - If application or appeal is pending and confirmation of sale is effected and sale certificate is issued, that does not become conclusive as it all depends on result of pending appeal - Confirmation of sale and issuing sale certificate is followed or not is to be decided...........
Civil Procedure Code, 1908, Order 21, Rule 89, 92 -- Sale not become absolute or irrevocable - Pendency of application to set aside sale or appeal or revision against trial Court's decree till attained finality, right to liquidate mortgage debt by judgment debtor is available, as long as sale is not confirmed - Thus, right can be exercised even after dismissal of that..........
Civil Procedure Code, 1908, Order 34, Rule 5 -- Judgment debtor even before confirmation of sale entitled to liquidate mortgaged debt due - Remedy of auction purchaser while seeking refund can insist for payment of interest to compensate for his money which is locked...........
Kerala General Sales Tax Act, 1963, Section 5(2A), 5(2B) -- Sale by branded name holder or trade mark holder - Regarded as first sale...........
Agreement to sell -- Sale deed or agreement to sell - Total sale consideration not paid and it was agreed to be paid later on - It is an agreement to sell...........
