Sales of Goods Act, 1930, Section 45, 55 -- Suit for price - Agreement to purchase computer system - Purchaser paying advance amount - Failure by purchaser to pay balance amount so as to enable seller to deliver computer - Purchaser offered to buy computer system at lower price on ground that price of computer had decreased - Seller would be "unpaid seller" in terms of..........
Transfer of Property Act, 1882, Section 41 -- Two sale deeds - Sale deed prior in time prevails as at the time of execution of second sale deed, vendor does not have any right or title in property which can clothe subsequent purchaser with any right or title as no one can transfer better title than he possess...........
Transfer of Property Act, 1882, Section 41 -- Subsequent vendee - Bona fide purchaser - Parties to lis belong to same village - Earlier sale cannot be said to be not in their knowledge - Subsequent vendees not bona fide purchasers - Not entitled to protection u/s 41 of the Act...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 2, Rule 1 -- Agreement to sell - Suit for specific performance - Purchaser - Necessary party - Held, a purchaser is a necessary party as he would be affected if he had purchased with notice of the contract - But a person who claims adversely to the claim of a vendor is, however, not a necessary..........
Registration Act, 1908, Section 17, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Sale deed - Refusal to register - Temporary injunction restraining specific individual from executing sale deed or transferring the property - Held, Sub Registrar can refuse to register sale deed - Order of refusal cannot be found fault on the ground that Sub Registrar or purchaser of..........
Agreement to sell -- Co-sharer - A co-sharer can sell his undivided share in joint property including a share in an agricultural land and the purchaser of such share comes in the shoes of the seller and he becomes co-sharer with the remaining sharers...........
Indian Penal Code, 1860, Section 420 -- Selling property knowing that it does not belong to him - Purchaser may complain that vendor committed the fraudulent act of cheating - But a third party who is not the purchaser under the deed may not be able to make such a complaint...........
Civil Procedure Code, 1908, Order 21, Rule 89 -- Auction sale - Setting aside sale on deposit - Such an application can only be made by the applicant concerned on his depositing in court, (a) , for payment to the purchaser, a sum equal to 5% of the purchase money and (b) for payment to the decree-holder, the amounts specified in the proclamation of sale as that for the..........
Civil Procedure Code, 1908, Order 39, Rule 1,2 -- Temporary injunction - Suit for specific performance - Restraining defendant from alienating the suit property - Suit filed more than six years after the expiry of the target date stipulated for sale deed - Temporary injunction not granted in the interest of justice - However, direction issued that in the event of..........
Indian Penal Code, 1860, Section 420,467,471 -- Cheating and forgery - Agreement to sell - Seller not executing sale deed despite receiving earnest money - FIR lodged by purchaser - FIR quashed - Held, it gives rise to dispute of purely civil nature - Question of execution of sale deed or otherwise cannot be gone into by police or criminal Court - Only civil Court has..........
