Agreement to sell -- Validity - Agreement to sell executed in favour of President, Judicial Club - Even though Judicial Club is not a registered entity and not a living person within the purview of S.5 of T.P. Act, but where an agreement of sale is executed in favour of President of the club who is a living person and entitled to purchase the property and when it is..........
Agreement to sell -- Specific performance - Conduct of defendant cannot be ignored while weighing the question of exercise of discretion for decreeing or denying a decree for specific performance...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Quashing of complaint - Agreement for sale of poultry farm entered into by petitioner through his attorney - Petitioner was admittedly not present on any occasion of agreement to sell, issuance of cheque and other relevant issues - No..........
Stamp Act, 1899, Section 28, 47A -- Article 5(b1) of Schedule 1B (As in Uttarakhand) - Agreement to sell - Registration - Stamp duty - Stamp duty is payable on 50% of the value of consideration of the sale agreement...........
Stamp Act, 1899, Section 28, 47A -- Article 5(b-1) of Schedule 1B (As in Uttarakhand)- Agreement to sell - Registration - Stamp duty - Recovery of deficient stamp duty - Agreement to sell cancelled within two months of the execution thereof - Held, subsequent conduct of the parties in cancelling the agreement not a reason for not taking action u/ss 33 & 38 of the Act...........
Agreement to sell -- Specific performance - Ready and willing - It is not necessary that entire amount of consideration should be kept ready and plaintiff must file proof in respect thereof. (Specific Relief Act, 1963, S.16(c)...........
Agreement to sell -- Specific performance - Where performance of intending buyer is conditional upon certain acts to be performed by seller, buyer need perform his part only after those acts are performed by seller. (Specific Relief Act, 1963, Ss.16(c), 20)...........
Agreement to sell -- Specific performance - Prices rising during the pendency of the litigation - Not a ground to deny relief of specific performance. (Specific Relief At, 1963, S.20)...........
Registration Act, 1908, Section 17, 49 - - Agreement to sell - Suit for specific performance - Registration of agreement when there is stipulation as to transfer of possession - Amendment requiring registration of such an agreement inserted after execution of agreement - Held, clause inserted vide notification after execution of agreement cannot be retrospectively applied..........
Agreement to sell -- Specific performance - Undivided share of property of co-owners - S.12 of Specific Relief Act cannot be invoked by vendee to obtain sale of undivided share of co-owners with a right to force partition who were not parties to agreement of sale. (Specific Relief Act, 1963, S.12)...........
