Karnataka Stamp Act, 1957, Section 34, 37(2) -- Deficient stamp duty - Imposition of penalty to the extent of ten times - Appellant agreed to pay proper/sufficient stamp duty and penalty on certified copy of agreement to sale - In other words, appellant having invited Court to decide u/s 34(1) of the Act, cannot now express the willingness to exercise the option u/s 37(2)..........
Karnataka Stamp Act, 1957, Section 2(d) -- Art.20(1) of Schedule - Conveyance - Agreement of sale with recital of delivery of possession, conforms to requirements of conveyance u/s 2(d) of the Act r/w Art.20(1) of Schedule of the Act, therefore applicable stamp duty is ad valorem...........
Agreement to sell -- Registration - Once execution of registered agreement is admitted by defendant, endorsements made by sub-Registrar would be presumed to be correct u/ss 58, 59, 60 of Registration Act...........
Specific Relief Act, 1963, Section 22 -- Specific performance - Bar of S.22 of the Act - Neither any relief in terms of S.22 (1) (a) of the Act was claimed nor has been granted by courts below - Argument that suit was barred by S.22 of the Act, does not have any force - Moreover, once execution of agreement is admitted by defendant, he cannot get advantage of any recital..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for specific performance - Finding on executability of the agreement, proof of its contents, question of readiness and willingness on the part of plaintiff to get the sale deed executed, are pure findings of fact based upon material available on record - Court does not find any apparent perversity in the view..........
Agreement to sell -- Specific performance - Decree for specific performance is in the nature of preliminary decree...........
Agreement to sell -- Specific performance - Trial Court with an inadvertent mistake has made a direction to deposit Rs.2.60 lakhs instead of Rs.2.80 lakhs - Plaintiff is duty bound to pay entire sale consideration of Rs.2.80 lakhs even if specific enforcement of entire contract could not be given - While Court shall not penalize DH/plaintiff for not depositing Rs.20,000..........
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..........
Registration Act, 1908, Section 17 -- Agreement - A document merely recording a transaction which is already concluded and which does not create any rights and liabilities does not require registration...........
Agreement -- Validity - Pleading that agreement was not signed voluntarily and that it was executed under coercion and threat - No steps whatsoever taken to resile from the agreement or to revoke it for at least half a decade - If such coercion etc. had actually occurred, respondent has no explanation to offer as to why he did not avail of any civil law remedy (to have..........
