Stamp Act, 1899, Section 35 -- Agreement to sell - Suit for specific performance - Insufficiently stamped agreement - As the document is foundational to the suit, failure to comply with statutory requirements renders the entire claim unenforceable - Suit dismissed as it is based on an instrument that is legally inadmissible as evidence...........
Agreement to sell -- Suit for specific performance - Insufficiently stamped agreement - Failure to comply with statutory requirements of Stamp Act renders the entire claim unenforceable - Suit dismissed as it is based on an instrument that is legally inadmissible as evidence - An amount of Rs.10,000/- received is liable to be returned - The said amount remained with the..........
Arbitration and Conciliation Act, 1996, Section 31(7) -- Arbitral award - Pre-reference and pendente lite interest - Power of Arbitrator to award pre-reference and pendente lite interest is not restricted when the agreement is silent on whether interest can be awarded or does not contain a specific term that prohibits the same...........
Arbitration and Conciliation Act, 1996, Section 31(7) -- Arbitral award - Pre-reference and pendente lite interest - While pendente lite interest is a matter of procedural law, pre-reference interest is governed by substantive law - Therefore, grant of pre-reference interest cannot be sourced solely in S.31(7)(a) (which is a procedural law), but must be based on an..........
Agreement to sell -- Specific performance - Bonafide purchasers - Land in question abuts the land of subsequent purchasers - Parties to the lis belong to the same village, same family and having adjoining lands - Knowledge of an agreement to sell executed in favour of one party is known to the inhabitants of same village - Subsequent purchasers cannot be held to be bona..........
Commercial Courts Act, 2015, Section 2(1)(iv), 6, 15, Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Not a commercial dispute - Agreement does not suggest that it was for trade or commerce - Prima facie do not make out a commercial deal consequently a commercial dispute - Application for return of plaint rightly dismissed...........
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...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Agreement to sell - Consideration mentioned in the agreement was frustrated by the act of complainant absolving the accused of his liability to pay the amount - Existence of consideration was not established - Conviction and sentence set aside - Accused acquitted...........
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...........
