Punjab Occupancy Tenants (Vesting of Population Rights) Act, 1953, Section 5 -- Plaintiff were not recorded as occupancy tenants in revenue record at commencement of Act - Plaintiff had not acquired occupancy rights by way of agreement - Plaintiff are alleging that they had acquired status of occupancy tenants u/S.5(2) of Act on ground that they are in possession of land..........
Evidence Act, 1872, Section 91, 92 -- Evidence contrary to the contents of agreement to sell - Plea that agreement was not to be acted upon and it was to be kept as security - Defendant thus disputed the entire transaction - Evidence in that regard can be led in view of S.92 of the Act, to show real intention of parties behind said agreement...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for specific performance - Loan transaction between parties - Agreement for sale in question was executed as a security towards full and final settlement of loan transaction - There was no transaction for agreement of sale in respect of two properties of defendant no.1 - Plaintiff fraudulently refused to..........
Specific Relief Act, 1963, Section 26 -- Rectification - Mutual mistake can creep in only when the agreement in written form does not expressly state the meeting of minds of contracting party...........
Specific Relief Act, 1963, Section 26 -- Rectification of decree - By incorporating boundaries and extent of property agreed to be conveyed - Where property is not described with reference to boundaries at all in suit agreement and only extent is specified, there is no scope for any ambiguity in the identification of property covered by agreement for it to be followed up..........
Arbitration and Conciliation Act, 1996, Section 7, 11, Rajasthan Stamp Act, 1999, Section 37, 38 -- Arbitration agreement - When a lease deed or any other instrument is relied upon as containing arbitration agreement, Court should consider at the outset, whether objection in that behalf is raised or not, whether document is properly stamped and if it comes to the..........
Agreement to sell -- Specific performance - Absence of signature of purchaser on agreement - If document is executed by owner of property, purchaser is entitled to file suit for specific performance...........
Agreement to sell -- Specific performance - Serious civil and criminal disputes were pending between parties in respect of family properties including suit property - Even the agreement to sell surrounded with suspicious circumstances - Invocation of S.20 of the Specific Relief Act in such circumstances, would give plaintiff an unfair advantage over defendants - Plaintiff..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 409, 420, 467, 471, 120B -- Bail - Offence u/ss 409, 420, 467, 471, 120-B IPC - Multi-victim scam - Nature and gravity of offences - 870 complaints in three FIRs filed and a total of around 400 crores involved in scam - More than 1500 investors duped by accused by painting a rosy picture of..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Claiming ownership on basis of agreement to sell - Suit is not maintainable - Only remedy available to plaintiff is to file suit for specific performance of agreement to sell...........
