Agreement to sell -- Specific performance - Time essence of contract - Time limit of four months fixed to perform the part of contract by both parties - Material on record clearly goes to show that within four months of stipulated time, plaintiff got issued legal notices to defendants 1 and 2 and said notices were returned with postal endorsements - However, defendants 1..........
Bombay Stamp Act, 1958, Article 25 -- Explanation 1 Schedule I - Deficient stamp duty - Agreement to sell vide which physical possession had already been handed over to appellant, regardless of basis of such possession satisfies the requirement to treat the instrument as a `conveyance' within meaning of Art.25 of the Act - Agreement to sell liable for payment of stamp..........
Bombay Stamp Act, 1958, Article 25 -- Explanation 1 Schedule I - Deficient stamp duty - Agreement to sell - Suit property occupied by appellant on rental basis under agreement to sell and it would not be a part of sale transaction - Since possession was admittedly given to appellant even before the date of agreement, implying acquisition of possessory rights protected u/s..........
Agreement to sell -- Specific performance - Agreement executed between parties and Rs.2 lacs was paid as advance by plaintiff to defendants, is proved by PW1 and PW2 by way of oral evidence and same has also been proved by endorsement of defendants at the back first page of agreement - Legal notice was also sent by plaintiff to defendant to execute the sale deed -..........
Agreement to sell -- Specific performance - Plaintiff contended that defendant was required to get mutation sanctioned in respect of suit property in revenue record and only thereafter sale deed was to be executed - However, once defendant had handed over original sale deed of suit property to show his title, this is lame excuse on part of plaintiff to say that mutation..........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff though pleaded that he appeared in office of Sub-Registrar on target date fixed in agreement and then served a legal notice - However, except for oral statement of plaintiff in this regard, there was no other evidence to prove this assertion - More so, no evidence was produced by plaintiff to show..........
Agreement to sell -- Suit for specific performance - Limitation - Though suit is technically within limitation but fact that suit has been filed after such a long delay i.e. just a few days prior to date of expiry of limitation period in itself is sufficient to show conduct of plaintiff to indicate that he was not ready and willing to perform his part of contract - Suit..........
Consumer Protection Act, 1986, Section 23 -- Apartment buyer's agreement - Cancellation by buyer - Forfeiture of advance money - To justify forfeiture of advance money being part of earnest money terms of contract should be clear and explicit - However, if payment is made only towards part payment of consideration and not intended as earnest money then forfeiture clause..........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Waiver of six months statutory period - Parties are living separately since 2021 - Mediation took place between parties with agreement to dissolve the marriage and withdraw the criminal cases pending between them - There is thus, no occasion to direct petitioner to wait for cooling off period as..........
Maharashtra Stamp Act, 1958, Section 48 -- (as amended) - Refund of stamp duty - Limitation - Agreement to sell - Cancellation - Cancellation deed executed on 17.03.2015 and registered on 28.04.2015 - Cancellation deed was executed prior to amendment of S.48(1) of the Act - Appellants accrued right to claim a refund arose the moment Cancellation deed was validly executed...........
