Agreement to sell -- Specific performance - In addition to the agreement to sell parties further agreed that if sale deed could not be executed vendor would pay the purchaser interest at the usual bank rate for each day's delay and damages - Held, right to claim interest is a separate and independent right under the later part of agreement - It does not in any manner,..........
Agreement to sell -- Specific performance - In addition to the agreement to sell parties further agreed that if sale deed could not be executed vendor would pay the purchaser interest at the usual bank rate for each day's delay and damages - Held, agreement as to payment of interest does not extend the date of performance - The date of performance expressly fixed remains..........
Limitation Act, 1963, Article 54 -- Suit for specific performance - Agreement to sell - Specific performance - In addition to the agreement to sell parties further agreed that if sale deed could not be executed vendor would pay the purchaser interest at the usual bank rate for each day's delay and damages - Held, right to claim interest would be available for a period of..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading of subsequent purchaser as a party in a suit for specific performance - Subsequent transferee is a necessary party as the question whether subsequent transferee purchased the property for value and paid the money in good faith and without notice of the original contract is to be decided in his presence -..........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Even after dismissal of suit a purchaser is subject to `lis pendens' if an appeal is afterwards filed...........
Agreement to sell -- Specific performance - Escalation of price - Court, in its discretion, can impose any reasonable condition including payment of an additional amount by one party to other while granting or refusing decree of specific performance - Whether purchaser shall be directed to pay an additional amount to seller or converse depends upon facts and circumstances..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Suit for specific performance - Subsequent purchaser - Not a necessary party - His presence is not necessary to settle all the questions which arise in the suit...........
State Financial Corporations Act, 1951, Section 29 -- Recovery of dues - Waiver of interest on balance consideration - Entitlement to - Purchaser had entered into agreement with Corporation - Deposit of any amount by petitioner, a subsequent entrant claiming to be partner in purchaser's firm - Could not legally lead to any assumption that Corporation has ever accepted her..........
Displaced Persons (Compensation and Rehabilitation) Rules, 1955, Rule 11 -- Auction - Procedure to be followed - Held, if there was no approval, it cannot be merely a statement to be found in order but it is required to be done by a particular procedure which is referred to u/sub-cl. 11 - Said sub-cl. requires a communication of a rejection by Settlement Commissioner by a..........
Consumer Protection Act, 1986, Section 2(1)(g), Motor Vehicles Act, 1988, Section 157 -- Indian Motor Tariff Rules, GR 17 - Insurance claim - Repudiation - Ground that there was no contract between the complainant No.2 and the Insurance Company as the Insurance Policy was not got transferred in the name of purchaser - The purchaser of the vehicle failed to comply with the..........
