Haryana State Agricultural Marketing Board (Sale of Immovable Property) Rules, 1997, Rule 4(5), 5 -- Auction sale - Penal interest - Purchase of plot by respondent but installment not paid and penal interest Charged - Held that the payment of installments cannot be postponed by the allottee merely on the ground that some of the amenities were not ready - They will be..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso, Specific Relief Act, 1963, S.16(c) - Plaint - Amendment - Suit for specific performance of sale agreement - By way of proposed amendment, plaintiff-vendee wanted to incorporate legal plea of readiness and willingness to perform his part of contract as he omitted to raise this plea while filing plaint - Plaintiff had..........
Consumer Protection Act, 1986, Section 2 -- Deficiency in service - Owner of plot and builder, as a joint venture built duplex and agreed to sell to complainants after having received part sale consideration - Flat demolished by Municipal Corporation because of dispute in title of the property - Purchaser sought to prosecute builder alleging deficiency in service, though..........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Object - Sale made during the pendency of the litigation would be void or a nullity - It only puts an embargo upon such a sale by subjecting it to a decree passed or likely to be passed...........
Possession -- Suit for possession on basis of title - Suit property transferred on the basis of power of attorney which was never executed by plaintiff - Held, plaintiff is not required to seek declaration regarding power of attorney and sale deed being null and void because plaintiff is not a party to the said documents and therefore the said documents are non existent..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 406 -- Quashing of complaint - Offence u/ss 420, 406, 467, 468 IPC - Property in dispute was gifted to son of petitioner by her father - As per complaint, Petitioner No.1 being guardian of her minor son executed sale deed in favour of complainant/petitioner no. 2, after taking..........
Registration Act, 1908, Section 30 -- Sale-deed registered on 19.02.1993 at Delhi in respect of property situated at Banga in Distt.Nawanshar - Amendment restricting power of Registrar, Delhi to receive and register any document referred to in S.28 of the Act without regard to situation in any part of India, of property to which document relates, made in year 2001, whereas..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Suit for partition - Purchaser from a co-sharer - If his sale deed is not challenged on any other ground, is entitled to be made party in the suit for the reason that he cannot be allotted a share behind his back to which he may not agree...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Plaintiff filed suit seeking declaration of perfection of title by prescription - Plaintiff, in earlier suit, sought declaration of title on the basis of sale deed, but failed to prove - Held, subsequent suit filed, agitating same issues but on new grounds is hit by the principles of res judicata...........
Limitation Act, 1963, Article 58 -- Bar of limitation - Plaintiff filed suit for declaration of title on basis of sale deed - Defendant earlier had filed suit seeking partition but denying sale deed as set up by plaintiff - Held, cause of action for filing suit for declaration of title arose immediately on filing earlier suit by defendant - Suit for declaration ought to..........
