Indian Penal Code, 1860, Section 420 -- Cheating - Agreement to sell - Payment of advance amount - Sale of land to third party at a much higher price and that accused/vendor was not in possession of property - No material on record that complainant took steps for execution and registration of sale deed after paying rest of the amount - In absence of such evidence no..........
Indian Penal Code, 1860, Section 406, Criminal Procedure Code, 1973, Section 482 -- Criminal breach of trust - Agreement to sell - Payment of advance amount - Sale of land to third party - Payment of advance is not entrustment or that accused had dominion over it in any manner on behalf of the complainant - No offence u/s 406 IPC is made out - FIR to that extent quashed...........
Civil Procedure Code, 1908, Section 151 -- Consolidation of suits - Suits for specific performance - Different and distinct agreements of sale - Properties covered also different with distinct boundaries - Defendants also different - Suits cannot be clubbed together - Application rightly dismissed...........
Agreement to sell -- Specific performance - Ready and willing - Failure to file income tax return or some other public record which demonstrates that plaintiff had paid Rs.25 lacs and that he had Rs.2.14 crores to pay the balance sale consideration - Once plaintiff fails to file his income tax return, this is another aspect which would go against plaintiff with respect to..........
Registration Act, 1908, Section 71, 72, 73 -- Refusal to register sale deed - Appeal to Registrar - Appeal dismissed - Writ petition - Maintainability - Since appeal has been dismissed by Registrar thereby refusing to register the document, only remedy available to petitioner is to approach civil Court u/s 77 of Registration Act - However, petitioner has not availed said..........
Registration Act, 1908, Section 77 -- Refusal to register sale deed - Appeal to Registrar dismissed - Alternative remedy available to party to approach civil Court u/s 77 of Act - Writ petition filed without availing said remedy - Writ petition, held, not maintainable - However, alternative remedy is not a absolute bar in the contingencies where writ petition has been..........
Registration Act, 1908, Section 17 -- Registration - Once document/sale deed is registered, in common parlance it creates title and no one can interfere in possession and enjoyment by way of registered document - There is no provision for cancellation of such sale deeds in Registration Act except to get it set aside through competent Court of law...........
Agreement to sell -- Specific performance - Unregistered agreement to sell - When an unregistered agreement to sell is tendered in evidence, not as evidence of complete sale but as proof of agreement of sale, deed can be received in evidence making an endorsement that it is received only as evidence of an oral agreement of sale - Relief of specific performance granted on..........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction sale - Setting aside - Subsequent higher offer - Not a valid ground for refusing confirmation of sale or offer already made...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Eviction suit - Where tenant admitted the relationship of tenancy and period of lease agreement but resisted landlord's claim by setting up a defence plea of agreement to sale and also filed suit for specific performance, which of course is contested by landlord, such issues arising between parties..........
