Agreement to sell -- Suit for specific performance - Limitation - Validity of agreement is something different and does not change the date of performance...........
Agreement to sell -- Suit for specific performance - Limitation - Once there is a specific date fixed for performance, limitation would be three years from the said date...........
Consumer Protection Act, 1986, Section 23 -- Flat Buyer Agreement - Delay of handing over possession - Refund of amount - Project was delayed inordinately - Complainants were made to suffer for long for no fault of them - In spite of making the entire payment, they were deprived of possession within stipulated time - Commission rightly directed Developer to refund the..........
Consumer Protection Act, 1986, Section 23 -- Flat Buyer Agreement - Delay of handing over possession - Refund of amount - Interest - Commission was not justified to award a lesser interest than even the one agreed upon in the agreement - Interest modified to the extent to be paid at the rate of 12% p.a in view of agreement...........
Agreement to sell -- Stamp duty - Once sale deed is executed and stamped, agreement of sale can no longer be independently subject to stamp duty, as it has merged into the sale deed...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiver of six months statutory period - Petitioners stated that in spite of making several efforts, they were unable to reconcile their differences and would not be able to stay together - They further stated that they both are well settled in their independent professions, and pendency of the petition is..........
Custody of child -- Mutual agreement - Both the parents have fully agreed that they shall continue to share the custody of child between themselves in view of consensual and mutual agreement - They are highly educated and well placed - Though agreement in question has been arrived at by consensus of both the parents, Lawyers and family members present before Court, but it..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for permanent injunction solely based on agreement to sell - Agreement to sell is not a conveyance and it does not transfer ownership rights or confer any title - There is no other document on which reliance is placed by plaintiff - Any of three ingredients for grant of temporary injunction are..........
Agreement to sell -- Specific performance - Suit for specific performance can be filed for enforcing an oral agreement - However, when specific performance is sought on the basis of written agreement and such document is marked in evidence then trial Court is required to appreciate such document...........
Agreement to sell -- Specific performance - When written agreement of sale relied upon by plaintiff has not been marked in evidence, question of appreciating any other averments made in plaint or in the written statement as the admission or otherwise would not arise...........
