Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406 -- Quashing of FIR - Offence u/ss 420, 406 IPC - Agreement to sell - Advance amount received by accused and he neither returned amount nor complied with terms and condition of agreement to sell - Breach of agreement between parties - It is purely civil dispute arising out of agreement to..........
Transfer of Property Act, 1882, Section 54, 55, 53A -- U, registered agreement to sell - Does not meet the requirements of Ss.54, 55 of the Act - However, same can only be used as a defence in proceedings initiated by transferor or by any person claiming under him with respect to S.53-A of the Act...........
Agreement to sell -- Suit for specific performance - Adhesive stamps used on plain paper to fulfill requirement of payment of stamp duty - Plaintiff failed to examine even stamp vendor who will throw light on fact that why adhesive stamps were used on plain paper - Moreover, defendant proved that stamp vendor was not permitted to sell adhesive stamp paper of more than..........
Agreement to sell -- Suit for specific performance - Signatures of 90 years old men taken on left hand side of paper also - In such cases, it is the scribe who can explain why signatures of defendant is appended on left hand side of the paper but plaintiff failed to examine the scribe - Therefore, evidence available clearly shows that agreement is result of manipulation -..........
Agreement to sell -- Specific performance - Ancestral property - There is no plea of existing HUF of defendant with his father - Mere inheritance of property from paternal ancestors after 1956 will not make property as HUF property in hands of person who inherits it - Trial Court rightly held that defendant is owner of 1/8th share of property and not 1/32 share in suit..........
Civil Procedure Code, 1908, Section 151, Order 12, Rule 6 -- Judgment on admission - Suit for specific performance - Admission of agreement to sell and consideration amount - However, there is serious dispute as to making payment as alleged - This dispute goes to the root of matter - Unless and until said dispute is resolved in favour of plaintiff, no decree for specific..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 423, 464, 471, 447, 427, 120B -- Quashing of FIR - Agreement to sell - Not honoured - FIR used only as a mode to execute the agreement in question - On the face of it, FIR does not constitute the offence u/ss 120-B, 418, 420, 423, 464, 471, 447 & 427 IPC - FIR with all consequential..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR and proceedings in furtherance thereto for offence u/ss 420, 467, 471, 472/120-B of IPC - FIR filed after 10 years of original agreement signed between parties - Admittedly, complainant himself gave specific reason in FIR that agreement to sell could not be executed because of variation of price in immovable..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Impleadment sought on the basis of semblance of title, as applicants claiming themselves to be co-owners of suit property - However, defendant in agreement to sell stated that she is the sole and absolute owner/occupier in possession of suit land - No documents of title..........
Agreement to sell -- Specific performance - Time as essence of contract - Admittedly, sale agreement stipulate specific time limit for completion of sale transaction either in full or in part - As per flexibility clause, plaintiff can either buy sites in his name or in favour of his nominee during 6 months period - Agreement is of such a nature that it could not be..........
