Indian Contract Act, 1872, Section 63, 73, 74 -- Auction sale - Extension of time - Appellant being highest bidder deposited earnest money - Balance amount was to paid within 3 months - However, time had been extended on several occasions thus time is no longer essence of contract - DDA cancelled the allotment of plot and forfeited the earnest money without giving any..........
Specific Relief Act, 1963, Section 34, Indian Contract Act, 1872, Section 15, 16, 17, 18 -- Suit for declaration - Execution of sale deed through fraud, misrepresentation, coercion, undue influence and without consideration - Proof - Plea of arrest was taken by plaintiff during execution of sale deed - Absence of any record of police station to prove plaintiff's arrest -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Trial Court while rejection of plaint passed impuged order that Plaintiffs being no, executant of sale deeds and not seeking possession and not liable to pay ad valorem court fees and merely because a person is witness to one of sale deeds, he could not be said an executing party of sale deed - Held,..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 5, 13 -- Acquisition of rights and interest in financial assets - Security Interest - Once the debt has been assigned by IFCI to Asset Reconstruction Company, it steps into its shoes as secured creditor and can take whatever action a secured creditor could take..........
Civil Procedure Code, 1908, Order 34, Rule 14, 15, Civil Procedure Code, 1908, Order 2, Rule 2 -- Subsequent suit not hit by O.2.R.2 or constructive res judicata, unless the cause of action in both suits are same or identical - Suit for satisfaction of hypothecation and suit for sale of mortgaged property between the same parties are maintainable - Consent award in an..........
Civil Procedure Code, 1908, Section 47 - - Execution - Sale - Proceedings coming to an end - If the purchaser is already in possession of property, there is no question of his filing an application for delivery and in such cases execution proceedings cannot be continued after sale - Only if it is necessary to deliver the property pursuant to sale, execution proceedings do..........
Civil Procedure Code, 1908, Section 47 -- Execution - Sale - Proceedings coming to an end - Sale certificate issued in favour of D.H. who was the auction purchaser - Decree Holder sold the property to J.D. - Thus auction purchaser/D.H. lost title to the property - Thereafter D.H. has no right to maintain the delivery application - Application for delivery of property..........
Specific Relief Act, 1963, Section 20 -- Discretion as to decreeing specific performance - Sale agreement was made by defendant when alive and earnest money was also paid - Plea of hardship due to execution of sale deed is not taken by defendant - No reason made out on record to decline the relief to specific performance of agreement and to allow alternative relief -..........
Civil Procedure Code, 1908, Section 16, 20, 21, 151, Order 8, Rule 10 -- Return of Plaint - Question of Jurisdiction - Partnership firm was carrying on transport business - Merely because the partnership deed executed at Place A and Income tax assessment had also been made there is no circumstance to deny jurisdiction of courts at place B - Despite denial by petitioner,..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Possession by ejectment - Defendants alleged that they have inherited the suit properties from their fore-fathers who had purchased it from the original owners but failed to produce any document in this regard - From record it is evident that properties were purchased by fore-father of plaintiffs vide sale..........
