Agreement to sell -- Suit for specific performance - Earnest money - Order as to pay double of earnest money can be passed only if plaintiff proves damages to that extent - In the absence thereof, plaintiff is only entitled to refund of earnest money...........
Agreement to sell -- Suit for specific performance - Earnest money - Order as to pay double of earnest money can be passed only if plaintiff proves damages to that extent - In the absence thereof, plaintiff is only entitled to refund of earnest money...........
Agreement to sell -- Suit for specific performance - Refund of double of earnest money - Stipulation for payment of amount equivalent to double of earnest money is a penal provision and therefore, plaintiff is required to prove the damages - Moreover, first appellant Court has already awarded Rs.28,200 over and above the refund of earnest money - No ground to interfere..........
Agreement to sell -- Suit for specific performance - Refund of double of earnest money - Stipulation for payment of amount equivalent to double of earnest money is a penal provision and therefore, plaintiff is required to prove the damages - Moreover, first appellant Court has already awarded Rs.28,200 over and above the refund of earnest money - No ground to interfere..........
Punjab Registration of Money Lenders Act, 1938, Section 3 -- Recovery suit by money lender - Maintainability - All the three witnesses examined by plaintiffs have themselves admitted that plaintiff is in the business of lending money to earn income from interest - Bar to maintainability of suit u/s 3 of the Act is attracted - Suit is not maintainable...........
Agreement to sell -- Breach of agreement - Plaintiff is entitled either for specific performance or refund of money - It is not mandatory that without filing the suit for specific performance of agreement, plaintiff cannot claim refund of earnest money...........
Commercial Courts Act, 2015, Section 2(1)(c) -- Commercial suit - Whether the suit for recovery of money should be treated as commercial dispute within the meaning of S.2(1)(c) - Matter remanded to High Court to reconsider the said issue...........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 22 -- Amendment of plaint - Suit for specific performance - Amendment of plaint to seek alternative prayer of refund of earnest money - While filing suit for specific performance, plaintiff is to be permitted to seek relief of possession, partition, refund of earnest money and other connected..........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Suit for recovery of money based on undertaking given by defendant - Defendant had undertaken to repay the monies received by it, if he is not successful in the litigation in United States - Having given such an undertaking, defendant is obliged to prosecute the suit to its logical conclusion - However, defendant did not..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit for recovery of money amounting to Nine lakhs - Ex parte decree set aside subject to payment of Rs.500/- costs - In general a money decree is not stayed unconditional and J.D. would be put on terms on the ground that such conditions must be reasonable with regard to all relevant factors..........
