Clean hands -- Suppression of material fact does not entitle plaintiff to discretionary relief of specific performance - Defendant returned the advance money by way of account payee cheque and sent it by registered post and the same was refused by plaintiff - This fact not disclosed in the plaint - Held, this is a suppression of material fact which does not entitle..........
Agreement to sell -- Suit for specific performance - Relief of specific performance declined - Court cannot order subsequent purchaser to refund money payable to plaintiff...........
Agreement to sell -- Suit for specific performance - Relief of specific performance declined - Held, it is beyond the scope of Court to consider as to whether the sale transaction in favour of subsequent purchaser is bona fide or not and to further hold that the sale transaction is a nominal one...........
Specific Relief Act, 1963, Section 20, Civil Procedure Code, 1908, Section 11 -- Agreement to sell - Suit for specific performance against vendor and subsequent purchaser - Plea of subsequent transfer fraudulent - Earlier finding in insolvency petitioner challenging such transaction as fraudulent - Principle of res judicata applies - It cannot be ignored in subsequent..........
Civil Procedure Code, 1908, Order 22, Rule 10, Transfer of Property Act, 1882, Section 52 -- Purchaser pendente lite - Impleaded as party - Cannot legally claim any independent right to contest the suit - He can only watch his interest alongwith other defendants, from whom, he had purchased the land, during the pendency of the suit, as contemplated under Order 22 Rule 10..........
Transfer of Property Act, 1882, Section 41 -- Purchasers pendente lite - Once it is proved that purchase of property was during the pendency of suit then transaction is hit by rule of lis pendens - Thereafter, question of their bona fide purchaser and protection u/s 41 of the Act does not arise at all...........
Motor Vehicles Act, 1988, Section 50, 48(5), Rule 55, 58 - - Registration of ownership of vehicle - Refusal to - Validity - Refusal on ground that transferor had dues payable for permit taken for particular vehicle - Held, any amount which is due and payable by a previous permit holder shall be undertaken to be paid by a purchaser so that there are no arrears of tax which..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Eviction suit - Impleadment of pendente lite purchaser - Eviction suit filed by owner - Disputed premises sold during the pendency of suit - Subsequent purchaser sought addition as co-plaintiff - Court below allowed his prayer - Validity - Held, order passed by Court below proper - No interference is called for...........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), 21(b) -- Revisional jurisdiction - Concurrent findings - Housing - Flat allotment - Non handing of possession - Compensation - Punitive costs - In one complaint purchaser of flat has paid the entire consideration and in other substantial amount paid and willing to pay the balance amount - Builder cannot deprive them..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), 21(b) -- Revisional jurisdiction - Concurrent findings - Housing - Flat allotment - Non handing of possession - Compensation - Punitive costs - In one complaint purchaser of flat has paid the entire consideration and in other substantial amount paid and willing to pay the balance amount - Builder cannot deprive them..........
