Agreement to sell -- Sale deed executed in pursuance thereof - Sale deed cannot be set aside only on the ground that there is some suspicion in the execution of agreement to sell - Once sale deed is executed, agreement to sell pales into insignificance - However, in a particular case where unimpeachable evidence comes, Court can examine validity of sale deed while making..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued towards payment of earnest money under agreement of sale - Agreement stood frustrated on account of failure of complainant to obtain no objection from other co-sharers and his inability to handover actual physical possession - It cannot be said that there was subsisting liability - Filing..........
Hindu Minority and Guardianship Act, 1956, Section 8 -- Sale of minor's property by grandfather without permission of Court - Sale certainly would be hit by S.8 of the Act and always voidable at the instance of minor or guardian or next friend acting on his behalf...........
Civil Procedure Code, 1908, Order 21, Rule 32, Specific Relief Act, 1963, Section 28(3) -- Execution - Decree of specific performance - Executing Court can order delivery of possession on execution of sale deed even when there is no mention in the decree as to delivery of possession after execution of sale deed...........
Suit for possession -- On basis of redemption of suit land - Challenging execution of sale deed - Plea of plaintiff that at time of execution of sale deed they were minor and sale deed is forged document - No evidence on record produced to prove minority of plaintiffs through date of birth as well as forgery of document of sale deed - Matriculation certificates have no..........
Suit for possession -- On basis of redemption of suit land - Challenging execution of sale deed - Bar of Limitation - As per S.6, suit for declaration to challenge sale deed can be filed within three years from date their disability of minority has been ceased...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction on the basis of agreement to sell - Limitation - Agreement to sell executed in the year 1987 and sale deed in favour of defendants executed in the year 1994 - Suit filed in the year 2004 - Nothing on record that steps were taken by plaintiff to get sale deed executed in his favour -..........
Administration of Evacuee Property Act, 1950, Section 10(2)(o) -- Evacuee Property - Auction sale - Sale certificate - Validity - Concurrent findings on record that respondent no.3 had purchased property in auction sale and sale certificate is issued in her favour - Neither appellant nor his predecessor-i, title has challenged the validity of sale certificate issued in..........
Chartered Accounts Act, 1949, Section 21(3) - - Schedule-I of Part-IV - Misconduct by Chartered Accountant - Sale of 100 shares by respondent in his own name - Disciplinary Committee found Chartered Accountant guilty of practice, which is not in his professional capacity as per Schedule-I of Part-IV - High Court failed to consider said fact - Impugned order of removal of..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Co parcenary property - Non payment of consideration - Only the executant of sale deed i.e. Karta of HUF property can file suit on this ground and not the other co-parcenars...........
