Criminal Procedure Code, 1973, Section 438(2) -- Anticipatory bail - Granted subject to deposit of Rs.41 lakhs in Court and upon furnishing personal bond in the sum of Rs.Fifty thousand - Dispute pertains to agreement to sell and amount of Rs.41 lakhs is alleged to be paid to accused - By imposing condition of deposit of 41 lakhs in an application for pre-arrest bail, High..........
Agreement to sell -- Does not by itself create any right in the property, except the right of obtaining sale deed on that basis...........
Partition suit -- Seeking relief of declaration against agreement set up by defendants - Alleged agreement to sell by itself does not create any right in the property, except right of obtaining sale deed on that basis - Suit for partition is maintainable without seeking declaration against agreement to sell...........
Will -- Will and agreement to sell - Validity - Once agreement for sale was mentioned in Will and obligations there under were purportedly passed on to legatee, agreement for sale did not remain an independent or stand alone document - Therefore, looking to nature, purport and contents of these documents, time gap between two is not of much relevance when examining..........
Agreement to sell -- First two pages of agreement to sell not signed - Does not make agreement to sell per se invalid...........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction on basis of agreement to sell - Plea of defendant that suit is pre-mature - Suit filed alleging that defendant refused not only to accept balance payment but also refused to execute sale deed - Even, it is pleaded that defendant is trying to alienate property - In such circumstances, suit for injunction..........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction on basis of agreement to sell - Plea of defendant that cheque of Rs.5,00,000/- was never handed over - Some part of earnest money was paid in cash whereas remaining amount paid through cheque - Cheque has never been dishonoured - Even, in agreement to sell details of cheque drawn on particular bank..........
Agreement to sell -- Specific performance - Decree for specific performance cannot be granted merely on proof of execution of agreement - Court is bound to look upon real intent of parties at the time of execution of agreement - If it is found that agreement, prima facie, is for some other purpose than for sale of land and sale agreement becomes operative as a consequence..........
Agreement to sell -- Specific performance - Agreement primary security for advancement of loan and not an agreement to sell simpliciter - Decree for refund of amount paid alongwith interest at the rate of 7% per annum from the date of filing of suit till date of actual payment, upheld...........
Agreement to sell -- Specific performance - Agreement recites that loan is advanced to defendants, which they shall return after selling land for which plaintiff will have no objection - But if defendants failed to return the loan amount, plaintiff can get execution sale deed - It is thus, not a agreement to sell simpliciter - Agreement primarily is security for..........
