Civil Procedure Code, 1908, Order 38, Rule 10 -- Agreement to sell executed prior to attachment - If a property which is subject matter of contract of sale is attached, then attachment will be enforceable against balance amount payable by purchaser...........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Cheating - Forged and fabricated agreement to sell - Quashing of FIR - Agreement to sell in question shows that there is no visible cutting/alteration at any place - FIR is a pure tactic to escape from civil liability of executing and registering sale deed in favour of petitioners, especially in light of the fact..........
Will -- Joint Will and mutual Will - Distinction - Joint Will is a single testamentary instrument constituting or containing Will of two or more persons and jointly executed by them - While mutual Wills are separate Wills of two or more persons which are reciprocal in their provisions and executed in pursuance of compact or agreement between two or more persons to dispose..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Consumer complaint - Deficiency in service - Flat buyer agreement - Delay in delivery of possession - Failure to obtain requisite Occupancy Certificate constitutes deficiency in service, entitling consumers to seek compensation...........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Flat buyer agreement - Delay in delivery of possession - Compensation - Delay in completion and handing over of possession is not disputed - Such failure constitutes deficiency in service - Appellant failed to secure requisite occupancy certificate - Appellant directed to obtain requisite Occupancy..........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Flat buyer agreement - Delay in delivery of possession - Interest - Having regard to totality of circumstances, i.e. prolonged delay, failure to obtain mandatory statutory approvals, repeated non-compliance with directions of Supreme Court and long deprivation suffered by respondents despite payment of..........
Consumer Protection Act, 2019, Section 67 -- Consumer complaint - Joint Development Agreement (JDA) - Delay in delivery of possession - Deficiency in service - Landowners executed GPA in favour of developer to enter into Sale Agreements, execute conveyances, receive consideration and complete registration formalities in respect of developer's share - Construction has to be..........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Second motion not made within 18 months of filing of first motion - However, first motion was not withdrawn in the meanwhile - Parties are still in agreement regarding them wanting to honorably part ways and move ahead with their lives - Provision of S.13-B(2) of the Act is directory and not mandatory..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint - Settlement agreement was recorded only in civil Court and a decree passed in the suit - Complaint was neither referred to mediation nor was any compromise reported before trial Court - Criminal proceedings thus, continue to subsist independently...........
Mediation proceedings -- Settlement agreement in a mediation proceeding does not have the effect of an award passed under Legal Services Authority Act...........
