Recovery suit -- Defendant was set ex parte - Only defence raised by defendant in written statement was that document admitting outstanding amount was not executed by an authorised person - However, apart from said document plaintiff has placed on record relevant invoices - Ledger statement relating to defendant shows a closing balance of Rs.2,21,40,895 - Memorandum of..........
Criminal Procedure Code, 1973, Section 125, Divorce Act, 1869, Section 37 -- Maintenance to wife - Relinquishment of right to future maintenance - Wife can claim maintenance, even when she has waived her right to future maintenance by an agreement, by establishing that benefits she received in lieu of maintenance are no longer sufficient for her livelihood due to change in..........
Commercial Courts Act, 2016, Section 2(1)(c) -- Commercial dispute - Merely because parties, who have entered into an agreement to sell, relating to immovable property are businessmen by profession or that they intend to use land, which is subject matter of agreement to sell for commercial purpose in future, does not make a dispute arising between parties as a commercial..........
Money suit on basis of agreement -- When suit is not upon a negotiable instrument but upon an agreement, mere proof of its execution does not entail in any presumption regarding consideration or truth of contents - Mere proof of execution of a document does not amount to proof of contents and truth of recitals therein...........
Money suit on basis of agreement -- Defendant borrowed Rs.30 lakhs from plaintiff and an agreement was executed by defendant in his favour, agreeing to repay the amount - He also handed over two post dated cheques - Neither there is any evidence to show source of money nor there is any witness for passing of money from plaintiff to defendant - PW2 is only a witness to..........
Registration Act, 1908, Section 17, 49 -- Un-registered agreement to sell and power of Attorney - Unregistered documents required to be registered are inadmissible in evidence for the purpose of conveying title or completing a sale transaction and can only be admitted for collateral purposes or in a suit for specific performance...........
Registration Act, 1908, Section 17, 49 -- Un-registered agreement to sell - In the absence of a suit for specific performance, agreement to sell cannot be relied upon to claim ownership or to assert any transferable interest in property...........
Transfer of Property Act, 1882, Section 53A -- Agreement to sell - Unregistered - Agreement of sale being un-registered cannot have any effect for the purpose of S.53-A of Transfer of Property Act...........
Transfer of Property Act, 1882, Section 53A -- Part performance - Agreement to sell - Unregistered - Plaintiff is owner of suit property - Only defence raised by defendant opposing claim of possession which is based on S.53-A of the Act - However, since agreement is unregistered, defendant cannot seek to protect her possession over suit property by placing reliance on..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction - Plaintiffs were in possession of suit property on the basis of agreement to sell - They are not the owners of suit property - Whether plaintiffs are entitled to protect their possession or not can be considered only if persons who had entered into agreement to sell..........
