Agreement to sell -- Specific performance - Extension of time to deposit balance sale consideration - DH granted one month time to deposit balance sale consideration - However, there was no condition in the decree that if DH failed to deposit the amount of balance consideration in a particular period, then suit would automatically be considered as dismissed - Trial Court..........
Agreement to sell -- Specific performance - Plaintiff making false and/or incorrect statement in the plaint which are very material - Plaintiff not entitled to relief of specific performance - Earnest money of Rs.30,000 and damages of Rs.10,000/- with interest @ 6% per annum from the date of decree of trial Court till its payment granted...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Complainant an injured victim who was not a party to settlement agreement and nor was agreeable to such course of action - Order of quashing FIR set aside...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Petitioner alleged that he entered into an unregistered agreement of sale with some third parties along with plaintiff in respect of suit property that too in violation of stay order granted against plaintiff in a pending appeal - He thus, has no vested interest in appeal scheduled property in appeal..........
Consumer Protection Act, 1986, Section 23 -- Apartment buyers agreement - Delay of handing over possession - Refund of amount - Interest - Agreement itself provided for the interest component on the refund amount and stipulated the rate thereof as 12% p.a. - That being so, respondent/Company cannot seek reduction of the rate of interest contrary to the agreed rate...........
Consumer Protection Act, 1986, Section 23 -- Apartment buyers agreement - Delay of handing over possession - Refund of amount - Agreement stipulated the date of delivery of possession of the apartment for fit outs with a grace period of one year - Admittedly, respondent/company did not offer delivery of possession of the apartment for fit outs by that date - Agreement..........
Agreement to sell -- Not signed by purchaser - When vendor signed the agreement in the presence of witnesses then purchaser not signing the agreement is of no consequence...........
Agreement to sell -- Specific performance - Plaintiff failed to show that agreement to sell was qua the suit land - Relief of specific performance rightly denied - Decree for recovery of Rs.2 lakhs alongwith future interest of 6% from the date of decree till realization is proper...........
Agreement to sell -- No title accrues in favour of plaintiff by way of agreement to sell, as transfer of property by way of sale can only be by a deed of conveyance...........
Agreement to sell -- Agreement in favour of a minor - Such agreement is void - Plea negated that every contract with a minor is not necessarily void and a contract for a minor's benefit is enforceable and validity of such a contract can be considered during trial...........
