Agreement to sell -- Suit for specific performance - Limitation - Once there is a specific date fixed for performance, limitation would be three years from the said date...........
Consumer Protection Act, 1986, Section 23 -- Flat Buyer Agreement - Delay of handing over possession - Refund of amount - Project was delayed inordinately - Complainants were made to suffer for long for no fault of them - In spite of making the entire payment, they were deprived of possession within stipulated time - Commission rightly directed Developer to refund the..........
Consumer Protection Act, 1986, Section 23 -- Flat Buyer Agreement - Delay of handing over possession - Refund of amount - Interest - Commission was not justified to award a lesser interest than even the one agreed upon in the agreement - Interest modified to the extent to be paid at the rate of 12% p.a in view of agreement...........
Agreement to sell -- Stamp duty - Once sale deed is executed and stamped, agreement of sale can no longer be independently subject to stamp duty, as it has merged into the sale deed...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiver of six months statutory period - Petitioners stated that in spite of making several efforts, they were unable to reconcile their differences and would not be able to stay together - They further stated that they both are well settled in their independent professions, and pendency of the petition is..........
Indian Penal Code, 1860, Section 420, 406 -- Cheating and criminal breach of trust - Mere non-performance of an agreement to sell by itself does not amount to cheating and breach of trust...........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Agreement to sell executed between parties - Amount paid towards consideration cannot be said to have been entrusted with accused by complainant - Merely because accused refused to register the sale, it does not amount to misappropriation of advance amount - Since there was no entrustment of property,..........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Construction agreement - Delay in handing over possession of flats - Due date for handing over possession of flat is to be fixed as per terms and conditions mentioned in construction agreement...........
Agreement to sell -- Specific performance - Plaintiff has to stand on his own legs to establish that he has made out case for grant of relief of specific performance of contract...........
Agreement to sell -- Specific performance - Pleadings in a suit for specific performance have to be very direct, specific and accurate...........
