Stamp Act, 1899, Section 33 -- Impounding of document - Recovery suit - Plaintiff had not filed suit for specific performance of contract rather he had filed suit for recovery of money that was given by him in part consideration of agreement to sell - Trial Court had committed an error in impounding the agreement to sell and sending it to Collector (Stamps) for..........
Agreement to sell -- Registration - Agreement to sell evidencing delivery of possession is required to be registered only for the purpose of protecting possession u/s 53-A of Transfer of Property Act...........
Agreement to sell -- Suit for specific performance on basis of unregistered agreement to sell - Order passed as to status quo in respect of title and possession till disposal of suit - Suit for specific performance of an unregistered agreement of sale is maintainable - No error committed by trial Court while granting injunction in favour of plaintiff...........
Agreement to sell -- Specific performance - Suit for specific performance does not come to an end on passing of a decree and Court which has passed decree for specific performance retains the control over decree even after decree has been passed...........
Agreement to sell -- Specific performance - Ready and willing - In order to succeed for relief of specific performance, plaintiff has to plead and prove his readiness and willingness throughout...........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff pleaded that after defendant no.1 failed to come present before Sub-Registrar, he served legal notice upon defendant - However, no evidence on record to show that plaintiff remained ready and willing to get sale deed executed on said date - Mere fact that defendants No.2 and 3 cannot be held to be..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528, Indian Penal Code, 1860, Section 420, 406 -- Quashing of FIR - Offence u/ss 420, 406 IPC - Investigation is at a nascent stage and without investigation, it cannot be ascertained as to whether or not there was intention on part of petitioners to dupe complainants of their hard-earned money by making false promises -..........
Indian Penal Code, 1860, Section 420 -- Cheating - Breach of trust and dishonest intention should be evident from inception of agreement - Where initial agreement is executed with bona fide intentions but a subsequent breach occurs, it cannot be automatically construed as a criminal offence...........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - No evidence to suggest that petitioner ever received any property from complainant under such a trust - Alleged transaction pertains to sale of land, where complainant's claim is primarily based on alleged breach of a contractual agreement to execute a sale deed - This scenario does not fall within the..........
Criminal Procedure Code, 1973, Section 154, 482, Indian Penal Code, 1860, Section 409, 419, 465, 468, 34, Karnataka Registration (Deed Writers Licence) Rules, 1979, Rule 2(i), 10 -- Quashing of FIR - Cheating and Forgery - Deed Writer - Photograph in agreement of sale is completely different even on prima face look - Signatures appears to be different in General Power of..........
