Specific Relief Act, 1963, Section 34, 20 -- Suit for declaration and specific performance - Limitation - Agreement to sell executed in the year 1992 - Cause of action arose to plaintiff in the year 2000 upon execution of sale deed inter se between defendant no.1 and defendant no.2 - Suit of plaintiff filed within 3 years from the year 2000 thus, not barred by limitation,..........
Specific Relief Act, 1963, Section 34, 20 -- Suit for declaration and specific performance - Execution of agreement to sell proved on record - Entire sale consideration was passed by plaintiff to defendant no.1 simultaneously with execution of agreement to sell and possession of suit property was also delivered to plaintiff - Plaintiff not prayed for execution of..........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Non-disclosure of cause of action - Suit for specific performance - Execution of agreement between parties can be seen from the plaint - Subsequent acquisition of land and its de-notification is also on record - Whether acquisition of land by authority frustrated the agreement and it did not give rise..........
Employee's Compensation Act, 1923, Section 2(1)(dd), 12, Building and Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, Section 2(1)(d), 2(1)(e), 2(1)(i), 2(1)(j), 45, 58 -- Construction of residential house - Injury to employee - During course of employment - Permanent disability - Compensation - Liability of owner of residential..........
Stamp Act, 1899, Section 33, 35 -- Unstamped agreement to sell - Not admissible in evidence, until and unless appropriate stamp duty is paid - Trial Court directed to impound agreement to sell and remit the same to Collector for determining appropriate stamp duty...........
Registration Act, 1908, Section 17, 49 -- Unregistered agreement to sell - Admissible in evidence in a suit for specific performance...........
Partition -- Once shares are defined, whether by agreement between parties or otherwise, partition is complete...........
Registration Act, 1908, Section 17(1A), Transfer of Property Act, 1882, Section 53A -- U, registered agreement to sell - Part performance - Possession of suit property not given to plaintiffs - S.17(1-A) of Registration Act, therefore, is not applicable - Moreover, agreement for sale was executed in the year 1995, whereas, amendment in S.17 of Registration Act, which makes..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiffs specifically stated that they gave amount to defendant for taking distributorship - Defendant having failed to return said amount executed one written agreement admitting amount given by plaintiffs and also agreed to sell suit land to plaintiffs - Defendants did not appear before Court below..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Parties entered into an agreement/MOU for dissolution of their marriage with consent - Pursuant thereto petition for divorce by mutual consent filed - After waiting period of six months wife did not appear - Petition dismissed - Appeal against - Divorce by mutual consent granted by holding that (a)..........
