Consumer Protection Act, 1986, Section 17 -- Consumer complaint - Unfair trade practice - Joint venture agreement - Construction of dwelling units - Appellants/owners of land entered into agreement with Respondent No.2 and also executed irrevocable power of attorney in his favour and Respondent No.2 on the basis of said documents entered into sale agreements with..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchasers - Partition suit - Defendants by executing sale deed of suit property created third party interest and has complicated the matter - They cannot take advantage of their own wrong and now claim that subsequent purchasers should not be made parties - Subsequent purchasers are proper parties..........
Consumer Protection Act, 1986, Section 2(7) -- Consumer - Purchase and sale of goods for resale or for commercial purpose is excluded from the purview of definition of `consumer'...........
Agreement to sell -- Specific performance - Actual consideration fixed by parties was more than as claimed by plaintiff - Plaintiff has not approached Court with clean hands - Denial of specific performance is proper - However, defendants cannot be allowed to be unjustly enrich themselves, thus, directed to return the advance sale consideration of Rs.15 lakhs with 6%..........
Transfer of Property Act, 1882, Section 54 -- Sale - Where a vendor sells his right, title and interest in the land unless expressly or impliedly provided in the agreement, sale of land would also include trees standing thereon...........
Civil Procedure Code, 1908, Section 60(kb) -- Execution - Exemption from attachment - Money received by JD/wife under policy of insurance on the life of deceased/husband or house purchased by her by utilizing that amount, could not be put to auction or sale...........
Co-owners -- Co-owner - cannot be dispossessed by other co-owner on the basis of sale deed, unless the suit for partition is filed and share is carved out and separate possession is taken...........
Transfer of Property Act, 1882, Section 44 -- Sale - Co-owners - After purchasing the property of co-owners, purchaser has to file suit for general partition as per S.44 of the Act - Such suit is not filed by plaintiff for partition and therefore, question of encroachment on the part of defendants in the suit property does not arise - Order of first appellate Court..........
Benami Transactions (Prohibition) Act, 1988, Section 4 -- Benami transaction - Neither there was any sufficient pleadings nor trustworthy evidence to hold transaction as benami - Documentary evidence as regards payment of sale consideration is thoroughly lacking - Order of first appellate Court declaring transaction as benami found to be erroneous is set aside...........
Agreement to sell -- Suit for specific performance - Limitation - Sale deed was to be executed and registered within one month - At the end of document a clause incorporated that said agreement will be valid for five years - Reason for incorporating this clause not spelled out - However, it does not change the date fixed for the performance...........
