Agreement to sell -- Decree for specific performance - Sale deed - Stamp duty - Value of the property to be taken as the value shown in agreement of sale, unless the said valuation is increased by Court while granting decree of specific performance - Stamp duty and registration fee not to be paid as per market value on the date of presentation of said sale deed and this..........
Indian Penal Code, 1860, Section 420, 419, 467, 468, 471, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Allegations against appellants are that they entered into a conspiracy with other individuals to fabricate a forged Will after death of testator that was then used to circumvent sale deed - Neither any criminal breach of trust nor any..........
Punjab Pre-emption Act, 1913, Section 3 -- Right of pre-emption - Person seeking right to pre-empt sale deed must exhibit that his right to pre-empt sale deed existed on the date of sale deed, date of institution of suit and thereafter continued till date of passing of decree...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance and permanent injunction - Amendment sought to incorporate the fact that registered sale deed executed by defendant no.1 in favour of defendant no.2 is not binding on plaintiff and is null and void - Plaintiff not sought amendment within reasonable time despite defendants..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of civil Court jurisdiction - Agricultural land - Issue raised in plaint pertains to sale deed being voidable - Civil Court thus, had jurisdiction to try suit and bar created by S.207 of Rajasthan Tenancy Act had no application - Application rightly rejected...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Sale exemplars - When there are several exemplars with reference to similar land, usually highest of exemplars, which is a bona-fide transaction will be considered - Further, only where there are several sales of similar lands whose prices range in a narrow bandwidth, average thereof can be..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Land acquired has to be valued not only with reference to its condition at the time of notification u/s 4 of the L.A Act but its potential value must be taken into account - In this respect, sale deeds of lands situated in vicinity and comparable benefits and advantages which they have, provide..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Sale exemplars - Land was acquired for public purpose for establishment of Industrial Area - Lands acquired are situated near T-point of State Highway, acquired land has non-agricultural potential and that a percolation tank just opposite to acquired lands, having sufficient water could be found..........
Specific Relief Act, 1963, Section 31 -- Cancellation of sale deed - Sale of minor's property by father - Sale was for necessity - It was to discharge existing loans of family - One of witnesses to document was mother of plaintiffs - Antecedent debts existed which had been proved by recitals in sale deed - Since plaintiffs were under care and protection of their parents,..........
Agreement to sell -- Agreement for sale confers rights as well as obligations to both parties to agreement - Rights and obligations arising out of an agreement could not be transferred by one of parties to agreement without consent of other parties...........
