Specific Relief Act, 1963, Section 28 -- Agreement to sell of property under mortgage - Plaintiff even knowing this fact filed suit for specific performance - It was not his case that he will get the sale deed executed only after redemption of mortgage - Court while passing conditional decree granted 3 months time to deposit the balance sale consideration - Decree holder..........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Money decree - Conditional warrant of arrest - Show cause notice was issued and served and JD even appeared and sought time to make payment and thereafter stopped appearing - Although conditional warrant of arrest has been issued, but it is stated that in case payment is made, then JD is not to be arrested and..........
Specific Relief Act, 1963, Section 28, Civil Procedure Code, 1908, Order 21, Rule 34 -- Extension of time to deposit balance sale consideration - Explanation offered for the delay - However every day's delay not explained - Court has discretion to enlarge time to comply with conditional decree...........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Cancellation of exchange deed - If executant of an instrument seeks to get it annulled, he is required to pay ad valorem Court fee as per consideration shown in instrument - However, if trial Court finds that ad valorem Court fee is required to be paid over and above consideration shown in the instrument, in such..........
Arbitration and Conciliation Act, 1996, Section 36(3) - - Money decree award - U, conditional stay of award - Validity - S.36 of the Act does not provide for any special treatment to Government while dealing with grant of stay in an application under proceedings of S.34 of the Act - Grant of stay is to be conditional as per S.36(3) of the Act - Courts ought not to pass an..........
Civil Procedure Code, 1908, Order 21, Rule 37, 66 -- Execution - Money decree - Conditional warrant of arrest - Sum involved is Rs.8,37,915 - Once property of JD is attached and order passed for filing application U.O.21.R.66 CPC, said procedure is to be followed to sell property and recover amount - Remedy of arrest and detention of JD is extra ordinary remedies and..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Where defendant files leave to defend, Court may pass following orders: (i) dismiss leave to defend and thereby decree suit; (ii) grant conditional leave to defend upon such conditions as Court deems fit; and (iii) grant unconditional leave to defend...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Issues of res judicata, constructive res judicata and limitation are to be decided on basis of evidence on record - Plaint cannot be rejected on these issues - Further, issue of Court fee can be decided by Court by passing any contingent/conditional decree...........
Transfer of Property Act, 1882, Section 58(c), 60, 67 -- Mortgage by conditional sale - When mortgagor mortgages his immovable property, he does not cease to be its owner and equity of redemption still vests in him - Equity is lost only when there is final decree of foreclosure or sale in favour of mortgagee...........
Transfer of Property Act, 1882, Section 58(c) -- Mortgage by conditional sale - Right to seek sale - Not available to mortgagee by conditional sale - Only remedy is to apply for foreclosure and not for decree of sale...........
