Transfer of Property Act, 1882, Section 3 -- Constructive notice - Suit for specific performance - Plaintiff need not take notice of any possession other than a person in possession under a registered instrument, which could constitute a constructive notice - Any transaction which is not brought under Book-I of Registration Act cannot evoke any constructive notice -..........
Civil Procedure Code, 1908, Order 7, Rule 11, Registration Act, 1908, Section 17(1A), 49, Transfer of Property Act, 1882, Section 53A, 54, Specific Relief Act, 1963, Section 15, 20, 21, 22 -- Rejection of plaint - Suit for specific performance - Unregistered agreement to sell - Application for rejection of plaint on the ground that suit for specific performance on the..........
Central Excise Act, 1944, Section 6, 12, 37, Central Excise Rules, 1944, Rule 57AB(1C), Cenvat Credit Rules, 2001, Rule 3(4) -- CENVAT credit - Upon reading of tripartite agreement between supplier of pellets and IMIL, it is clear that transfer of iron ore pellets was purely transfer of raw materials between two sisterly units under joint procurement policy - Cannot be..........
Civil Procedure Code, 1908, Order 8, Rule 5 -- Written statement - Denial for want of knowledge is no denial at all - Execution of sale deed not specifically denied in written statement - Once execution of sale deed was not disputed it was not necessary to prove the sale deed - Provision contained in O.8.R.5 CPC require pleadings to be answered specifically in written..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Passing of consideration under a sale deed cannot be questioned by third party...........
Suit for possession based on title -- Property in question inherited by seller of plaintiff being class II heir, as such she had right to sell property to plaintiff - Defendant No.3 on the other hand failed to prove her right over suit property - Moreover, execution of sale deed in favour of plaintiff is not specifically denied in written statement - Even if seller had not..........
Transfer of Property Act, 1882, Section 17, 49 -- Unregistered sale deed valuing more than Rs.100 - It is compulsorily registrable document u/s 17 of the Act - Such document without registration cannot be led into evidence and ownership rights cannot be claimed on the basis of said document - However, such document can be seen for collateral purposes...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Agreement to sell - Amendment as to total sale price and remaining amount to be paid - Amendment sought is bonafide, legitimate and necessary to determine the real question in controversy between parties - Basic character of suit not likely to change - Order allowing amendment, upheld...........
Agreement to sell -- Suit for specific performance - Time essence of contract - Specific time for execution of sale deed given in contract as sale deed was to be executed within one month from lifting of ban by Government as imposed on the sale of urban immovable property, which is within the knowledge of parties - Time was therefore essence of contract...........
Agreement to sell -- Suit for specific performance - Limitation - Cause of action first time arose in 1975 when defendant refused to execute sale deed - Suit for specific performance to be filed within three years from such cause of action as per Art.54 of the Act - However, neither such suit was filed by plaintiff nor any sufficient explanation was given by plaintiff for..........
