Agreement to sell -- Specific performance - Conditional sale deed for reconveyance or mortgage by conditional sale - In both contingencies plaintiff is entitled to buy back the property...........
Transfer of Property Act, 1882, Section 54, Specific Relief Act, 1963, Section 31 -- Sale - Setting aside - Mere non payment of sale consideration does not vitiate sale provided that it is promised to be paid - However, if in the sale deed the consideration is said to have already been paid but this assertion is found to be incorrect then transaction does not amount to..........
Specific Relief Act, 1963, Section 28 -- Specific performance - Suit for - Readiness and willingness - Proof - Almost entire sale consideration (about 97%) had been paid as earnest money and only Rs.1000/- were to be paid more - Held, it cannot be accepted that plaintiff was not having money to pay balance sale consideration or that he did not have money to bear expenses..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Application for - Counsel for respondents No.1 and 2/plaintiffs could not refer to any other ground to challenge sale deed except the ground of being Benami transaction - Held, no mixed question of law and fact is required to be adjudicated to decide application of defendant No.2 filed U.O.7.R.11(d)..........
Stamp Act, 1899, Article 47A -- Release deed i.e. transfer of ownership in immovable property by one co-owner to another co-onwer or some of the co-owners with or without consideration - Held, stamp duty is not payable as a sale deed...........
Transfer of Property Act, 1882, Section 54 -- Sale and Release - Stamp Act, 1899, Art. 47-A - Distinction - Sale is transfer of title in immovable property to another for consideration - Release is transfer of rights in immovable property to an existing co-owner(s) which can be with or without consideration - Transferee under a sale is an altogether stranger, whereas in..........
Agreement to sell -- Suit for specific performance - Ready and willing - Requires to be construed from the conduct of parties - Out of total sale consideration of Rs.3.25 lacs a sum of Rs.1.75 lacs had already been paid - On the date fixed plaintiff was present in the office of Sub Registrar - Defendant having not come present a legal notice was issued within four days..........
Criminal Procedure Code, 1973, Section 125 -- Grant of maintenance - Appeal for enhancement - Grant of maintenance at Rs.60,000/- P.M. in favour of wife - Contention of husband that wife was residing in matrimonial home and is providing food to wife - Wife had a plot of land 1,000 sq. yard, however said plot is not earning her any income - Possibility of sale of said plot..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Market value - Determination of - The acquired land is adjoining to the already set up Sugar Mill located merely at a distance of three kilometers from G.T.Road - There are number of rice shellers and cold storages in the area - For the acquired area in question, the minimum rates fixed for the year 2004-05..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Agreement to sell property - Transaction for sale of a site - Agreement shows that complainant had received Rs.2,00,000/- from accused as consideration for selling a site which he did not do - Cheque in possession of complainant was not issued in respect of any debt or legal..........
