Transfer of Property Act, 1882, Section 106(1) -- Notice - When there was clear contract to contrary which stipulated that lease would be a monthly lease, terminable by notice of three months - Expiry of said agreement would not in itself change nature and character of tenancy and make it yearly lease - Deeming provision of S.106(1) is not attracted - Agreement having..........
Agreement to sell -- Recovery of possession - Defendants were put into possession in part performance of agreement to sell and they have not claimed any specific performance of agreement to sell - Defendants failed to prove the payment of entire sale consideration - Status of defendants is nothing but that of a trespasser - Since defendants were in possession of property,..........
Transfer of Property Act, 1882, Section 55(6)(b), 100, Registration Act, 1908, Section 17 -- Agreement to sell - Charge over property for the amount of advance sale consideration - If buyer does not improperly decline to accept delivery of property, a charge is created over the property for the amount of advance sale consideration - Charge is created by operation of law..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Eviction - Change of user of premises - Non-production of rent agreement by landlord - Adverse inference can be drawn against landlord...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Friendly loan - Proof of - Agreement and corresponding promissory note and an affidavit - Rebuttal - Loan amount not shown in ITR return of complainant - Accused rebutted the presumption by establishing that no loan was advanced even though there was an agreement and a corresponding promissory note..........
Agreement to sell -- Specific performance - Relief of - Contract though not voidable but when it gives plaintiff an unfair advantage over the defendant, decree of specific performance need not be passed...........
Agreement to sell -- Specific performance - Relief of - Execution of agreement proved - However, it is no where pleaded or proved by plaintiff that he got redeemed the mortgaged land in favour of defendant No.2 in terms of agreement nor it is specifically pleaded that he was ready and willing to get the property redeemed from the mortgage - Refund of earnest money ordered..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Suit for specific performance - Necessary and proper party - Parties that are neither signatory nor claiming any title through or under parties that are signatory to the Agreement would not assist the Court in effectually and completely adjudicating upon or settling all the questions involved in..........
Agreement to sell -- Specific performance - Contract can be enforced against five categories of persons, namely : (a) either party thereto; (b) any other person claiming under him by a title arising subsequently to the contract, except a transferee for value who has paid his money in good faith and without notice of the original contract; (c) any person claiming under a..........
Criminal Procedure Code, 1973, Section 177, 178, 182 -- Cheating and forgery - Lack of territorial jurisdiction - Quashing of FIR - Agreement in dispute executed at place `K' - No averments in complaint that said agreement has been prepared and executed at place `J' - Merely on the ground that alleged property in respect of agreement is situated at place `J', matter cannot..........
