Agreement to sell -- Specific performance - Interpolations in agreement - Endorsement of extension of date for execution and registration of sale deed - Said endorsement for extension is made one day after execution of sale deed in favour of subsequent purchasers - Defendant/owner of property cannot extend date once he has executed registered sale deed in favour of..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement to counter claim - Not filed within 30 days - Extension of time has to be sought by filing an application - Written statement filed beyond 30 days without objection by defendant - Does not absolve Court of its duty to record reasons in writing for receiving written statement beyond 30 days - Negligence of..........
Rent and eviction -- Default in payment of rent - Extension of time and condoning delay - Amount deposited in execution proceedings and accepted by landlady - Held, it is a relevant fact for condonation of delay in depositing the rent. (Rajasthan Rent Control Act, 2003, S.9)..........
Rent and eviction -- Default in payment of rent - Extension of time and condoning delay - Substantial amount deposited in pursuance of order of High Court in execution proceedings before passing of order by High Court on application for extension of time - Held, it is a relevant fact for condonation of delay and extension of time. (Rajasthan Rent Control Act, 2003, S.9)..........
Civil and Criminal case -- Stay against proceedings - In all pending cases where stay against proceedings of a civil or criminal trial is operating, the same will come to an end on expiry of six months from today unless in an exceptional case by a speaking order such stay is extended - In cases where stay is granted in future, the same will end on expiry of six months from..........
Criminal Procedure Code, 1973, Section 228, 397(2), 482, Constitution of India, 1950, Article 227 -- Charge - Order framing charge - Challenge thereto - Stay of proceedings - (i) there is no bar to jurisdiction of the High Court to consider a challenge against an order of framing charge in exceptional situation for correcting a patent error of lack of jurisdiction; (ii)..........
Civil Procedure Code, 1908, Section 148 -- Specific performance - Extension of time to deposit balance sale consideration - Delay of 15 days as decree holder was bed ridden - Plea not challenged - Application allowed...........
Agreement to sell -- Specific performance - Readiness and willingness - No stipulation either in agreement to sell or in extension agreement that NOC needs to be obtained by defendant - It cannot be said that lack of NOC was a valid reason for plaintiff not to make payment of balance sale consideration - Plaintiff not made payment of balance sale consideration - Conduct of..........
Indian Contract Act, 1872, Section 55 -- Time essence of contract - Agreement to sell clearly shows that during period after signing agreement, vendor had no right to sell property to anybody else - Agreement thus, imposed strict obligations on both parties - Execution of extension agreement coupled with clauses in the main agreement to sell leaves no doubt that time was..........
Agreement to sell -- Specific performance - Extension of time to deposit balance sale consideration - Decree for specific performance - Court is always competent to extend time, if petitioner due to one or other reason, could not deposit balance sale consideration - Balance sale consideration already deposited in terms of interim order passed by this Court - Time for..........
