Agreement to sell -- Specific performance - Proof of document - Plea of defendant that scribe of deed is not registered and recognized deed-writer and name of stamp vendor is not mentioned on agreement to sell - Not sustainable for purpose of proof of document as agreement can be oral as well as in writing...........
Agreement to sell -- Proof of - It is totally immaterial for proof of agreement to sell that witness is a interested witness...........
Agreement to sell -- Testimony of attesting witness - Cannot be excluded simply on ground that witness is interested witness...........
Income Tax Act, 1961, Section 2(47)(v), Transfer of Property Act, 1882, Section 53A, Registration Act, 1908, Section 17, 49 -- Capital gain - Liability to pay tax - Applicability of doctrine of part performance u/s.53A of T.P.Act - By Registration (Amendment) Act, 2001, if agreement like Joint Development Agreement (JDA) is not registered, then it shall have no effect..........
Income Tax Act, 1961, Section 2(47)(v), 45, 48 -- Liability to pay tax - Object of S.2(47)(vi) of the Act appears to be to bring within the tax net a de facto transfer of any immovable property - Transaction which enables the enjoyment of immovable property must be enjoyment as a purported owner thereof - A reading of JDA would show that the owner continues to be the owner..........
Agreement to sell -- Specific performance - Limitation - Three years - Limitation commences from the date fixed for the performance and in case no such date is fixed then, in that case, when plaintiff has notice that performance is refused. (Limitation Act, 1963, Art.54)...........
Agreement to sell -- Specific performance - Limitation - Three years - Commencement - Legal notice by plaintiff on 24.08.2007 that defendant refused performance of agreement - No averment that time for performance of agreement is extended by the parties either orally or in writing beyond 24.08.2007 - Suit filed on 12.11.2013 - Held, suit is barred by limitation...........
Agreement to sell -- Suit for specific performance - Refund of advance amount - Where money paid is part of sale price, forfeiture clause will be treated as having effect of penalty - Even in absence of a prayer for refund of advance sale amount by plaintiff, with a view to render complete justice, Court is empowered to mould relief and to issue appropriate direction to..........
Agreement to sell -- Specific performance - Refund of advance amount - Defendants having no right, title or interest over suit property on the date of agreement - Even after expiry of date of agreement, only one defendant acquired right over suit property along with their co-owners - Plaintiff thus, cannot be blamed for no, performing his part of contract - Condition of..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 10, 10A, 11 -- Jurisdiction - Parties by agreement can confer exclusive jurisdiction to Court at place where part of cause of action has arisen - Parties had signed form to abide the By-laws and these Bye-laws provide that Courts at Mumbai would have exclusive jurisdiction therefore Court at Fatehgarh Sahib lacks..........
