Bihar and Orissa Government Estate Manual, 1919, Rule 15, 28(5) -- Resumption of land - State did not bring any material on record to show that there was any specific public purpose for which land was required as provided in Bihar and Orissa Government Estate Manual - Resumption case was initiated due to breach of conditions of Manual and conditions of lease agreement and..........
Agreement to sell -- Specific performance - Plaintiffs have proved due execution of agreement to sell - Defendants on the other hand could not probablize their defence that agreement to sell was loan document and not the agreement to sell - Defendant nos. 2 and 4 have taken self contradictory stand in their written statement - Loan transaction as alleged by defendant not..........
Civil Procedure Code, 1908, Order 7, Rule 10, Commercial Courts Act, 2016, Section 2(1)(c)(vii) -- Return of plaint - Lack of territorial jurisdiction - Agreement for which specific performance is sought for is a draft agreement, not signed by applicants - Provision of S.8 of Arbitration and Conciliation Act would not be applicable - Subject matter of suit would not..........
Registration Act, 1908, Section 17, 49Proviso -- Unregistered agreement to sell - Suit for specific performance - Agreement to sell though unregistered can be accepted in evidence for collateral purpose in a suit for specific performance...........
Agreement to sell -- Registered agreement with possession - Entire stamp duty leviable on sale consideration paid at the time of registration of agreement - Stamp duty was, thus, not leviable on the sale deed executed pursuant to the agreement to sell with possession as no stamp duty can be twice levied on the sale consideration with respect to one transfer...........
Agreement to sell -- Specific performance - Defendant herself committed breach of condition of agreement of sale by not measuring land prior to date agreed between parties - She belatedly did so after the date of performance - Plaintiff thus, was unable to pay the exact balance amount of consideration - Suit rightly decreed in favour of plaintiff...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Transfer of proceedings - Cheques which were dishonoured are issued on Bank at Pune - Agreement executed between parties at Pune and accused residing at Pune - Cause of action has arisen at Pune - Only in order to harass accused complaints have been filed at Calcutta by manipulating the jurisdiction -..........
Agreement to sell -- Specific performance - Escalation of price is not a ground to deny specific performance of agreement to sell...........
Agreement to sell -- Specific performance - Defendant contended that they executed agreement as security of loan - If at all defendants are of the view that, they have availed loan from plaintiffs and have not entered into sale agreement, there was no impediment for the defendants to execute the mortgage deed instead of executing a sale agreement - Plaintiffs with cogent..........
Agreement to sell -- Specific performance - Defendant contended that they executed agreement as security of loan - Recitals in the agreement of sale has been understood and acted upon by parties by executing confirmation deed - DW 1 admits in his evidence that plaintiffs are financially sound enough to repay the balance amount and are in land business - Said aspect would..........
