Central Motor Vehicles Rules, 1989, Rule 35, 36 -- Compensation - Payment in lumpsum - R.35 gives ample discretion to Tribunal to make a decision as to whether entire amount has to be released or if it is to be released in part - Tribunal is expected to give its own reasoning while undertaking such an exercise...........
Agreement to sell -- Specific performance - Readiness and willingness - Defendant No.1 had issued legal notice requesting for payment of balance sale consideration but plaintiff kept silent - There is not even a notice by plaintiffs before filing suit of showing their readiness and willingness by tendering the amount of balance sale consideration and sending a draft sale..........
Agreement to sell -- Specific performance - Plaintiff made a payment of Rs.12,000/- on 24.05.1981 - Plaintiff was not ready and willing to get the sale deed executed and registered - To adjust equities, defendant directed to compensate plaintiff by paying an amount of Rs.24 lakhs in lieu of advance and further Rs.Six lakhs as cost of litigation...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiffs failed to plead specifically with details about the restriction said to have been imposed by State on registration of sale deeds relating to similar survey numbers and revenue sites - They even failed to get the sale deed executed within three months as per agreement - Even before filing a..........
Civil Procedure Code, 1908, Order 21, Rule 52 -- Execution - Recovery of arrears of rent - Attachment of compensation granted under Motor Vehicle Accident Claim - Petition for arrears of rent filed against petitioner was decreed ex parte - Shop in question was in custody of petitioner and it was petitioner who was responsible to pay rent - Petitioner cannot take defence of..........
Agreement to sell -- Specific performance - Readiness and willingness - Nothing placed on record that plaintiff was ready and willing to perform his part of contract between 2003 to 2008 to make the balance payment of Rs.3,65,000 - Relief of specific performance rightly declined...........
Agreement to sell -- Suit for specific performance - Order as to refund of Rs.18 lakhs - Advance sale consideration paid Rs.3 lakhs - Subsequent advance payment of Rs.15 lakhs - Proof of subsequent advance payment - Ordinarily, in an endorsement of payment of money, party signs first and witnesses put their signature below that endorsement - However, in the instant case..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Money lending license - Not relevant in a case of dishonour of cheque - In a case of dishonour of cheque it is to be seen whether cheque was issued in relation to a valid loan and was dishonoured without payment, even after giving notice...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Money lending license - Not relevant in a case of dishonour of cheque - In a case of dishonour of cheque it is to be seen whether cheque was issued in relation to a valid loan and was dishonoured without payment, even after giving notice...........
Stamp Act, 1899, Section 47A(1) -- Deficient stamp duty - Sub-Registrar after registration of document had no authority/jurisdiction to refer the matter to Collector u/s 47-A(1) of the Act for determination of market value of property and proper duty payable thereon, as action of sub-Registrar is not only arbitrary and perverse but also against the mandate of S.47-A(1) of..........
