Civil Procedure Code, 1908, Order 38, Rule 10 -- Agreement to sell executed prior to attachment - Contractual obligations under an agreement of sale will prevail over rights of attaching creditor...........
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..........
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..........
Transfer of Property Act, 1882, Section 44 -- Sale - Co-owners - Alienation or sale of undivided share is not prohibited - Any one of co-owners can deal with his share and sell property as per S.44 of the Act for such sale - Only exception is purchaser cannot seek joint possession - Sale of property by some of co-owners cannot be held, as void ab initio - However, sale is..........
Civil Procedure Code, 1908, Section 52 -- Execution - Money decree - Liability of LRs of deceased debtor - Where decree is passed against legal representative of a deceased person, it may be executed by attachment and sale of any property of deceased which has come into hands of such legal representative and has not been duly disposed of...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for cancellation of sale deed, declaration and permanent injunction - Sale deed in question executed in favour of defendant Nos. 1 & 2 while playing fraud and misrepresentation without paying sale consideration to plaintiff - It cannot be said that suit has been filed without any cause of action -..........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Attachment - Objection by transferee pendente lite - Appellant is a purchaser post-arbitral award for recovery of amount - Execution proceeding was pending when sale deed was entered into between respondent No.2 and appellant - Moreover, appellant failed to discharge the onus on sale being without notice of..........
Civil Procedure Code, 1908, Order 18, Rule 17, Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Additional evidence - To receive original documents in the form of certified copies of sale deeds and to mark the same as additional documents - Plaintiffs failed to explain as to why documents in question could not be filed earlier before his evidence was closed despite..........
Agreement to sell -- Suit for specific performance - Defendant alleged that plaintiff has obtained signatures on blank stamp papers and thereafter fabricated alleged agreement of sale - However, there is no justification from defendant side as to what prompted defendant to remain silent without filing a criminal complaint alleging fabrication of an agreement of sale and..........
