Co-sharers -- Co-sharer - Even if specific Khasra numbers are made subject matter of sale out of joint land, still area sold would be deemed to be sale of share...........
Agreement to sell -- Specific performance - Grant of relief of specific performance - Law as to : (1) Even when alternative prayer is made in a suit the same cannot be construed to be a waiver or abandonment of his main claim; (2) Mere lapse of time and inadequate consideration on that count are no grounds to exercise discretion u/s 20 of Specific Relief Act; (3) Once the..........
Specific Relief Act, 1963, Section 28(1) -- Extension of time - Deposit of balance sale consideration - Court has discretion to extend time upon an application made by party required to act within a stipulated time period - Extension of time can be granted even after expiry of period originally fixed...........
Specific Relief Act, 1963, Section 28(1) -- Extension of time - Deposit of balance sale consideration - Suit for specific performance decreed in favour of purchaser with direction to deposit the balance sale amount within one month failing which suit would be deemed to be dismissed - Purchaser failed to deposit the amount within the said period and further two months time..........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Cancellation of sale deed - Cannot be sought on the ground of unpaid price - Sale deed executed by plaintiff does not incorporate any recital that title shall not vest in buyer until and unless sale price is paid - Title passed on buyer as soon as sale deed executed and registered - Plaint not..........
Civil Procedure Code, 1908, Order 7, Rule 11(d), Limitation Act, 1963, Article 59 -- Rejection of plaint - Bar of limitation - Suit for cancellation of registered sale deed - Suit filed after prescribed period of limitation of three years - Plaint rejected...........
Registration Act, 1908, Section 17(1)(A) -- Agreement to sell - Possession delivered - Agreement unregistered - Held, plaintiff cannot claim possession or right in immovable property on the basis of unregistered agreement of sale, as it is not admissible in evidence and cannot be looked into for purposes of deciding the case - Plea of plaintiff that unregistered document..........
Benami Transactions (Prohibition) Act, 1988, Section 3 -- Benami transaction - Tests to determine if transaction is benami transaction (i) Source from where the purchase money came; (ii) Motive, why the property was purchased - To determine whether sale standing in the name of one person, is in reality for the benefit of another - Intention of parties, essence of benami..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 22, Rule 10 -- Amendment of plaint - Suit for specific performance - Sale during pendency of suit - Impleading subsequent transferee - Subsequent transferee can be impleaded as party in suit - It is wholly unnecessary for plaintiff to challenge conveyance/sale deed executed by defendants during..........
Kerala Value Added Tax Act, 2003, Section 6 -- VAT - Rateable tax - Appellant involved in wholesale distributorship of fabric whitener of 2 types - Order of Commissioner that sale of products requires to be taxed at 12.5% - Validity - As per test reports there is only dilution in water and same does not amounts to manufacture and hence no new product is found - Therefore,..........
