Agreement to sell -- Specific performance - Subsequent purchaser - Plea of bonafide transferee for value without notice - Agreement to sell registered on 26.08.1985 - Subsequent sale executed on 28.10.1987 - Subsequent purchaser will be deemed to have notice of execution of earlier agreement to sell...........
Limitation Act, 1963, Article 59, Transfer of Property Act, 1882, Section 54, Specific Relief Act, 1963, Section 31 -- Limitation - Suit for cancellation of sale deed and for possession - When a composite suit is filed for cancellation of sale deed as well as recovery of possession, limitation period is required to be considered with respect to substantive relief of..........
Limitation Act, 1963, Article 59, Transfer of Property Act, 1882, Section 54, Specific Relief Act, 1963, Section 31 -- Composite suit for cancellation of sale deed and possession - Substantive relief is cancellation of sale deed and consequent relief is of possession...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for specific performance - Execution of agreement was disbelieved by both the Courts below and have noticed that agreement in question is suspicious - Moreover, plaintiff cannot be held entitled for specific performance of agreement considering his conduct of delay of 30 years and other attending circumstances..........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Issuance of cheque of Rs.6.70 lakhs towards partial liability - Plea that it is not mentioned as to what was the liability - However there is specific mention in the complaint as to the issuance of cheque of Rs.6.70 lakhs - Order to pay interim compensation of 20% of the..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Land in question was sold by father of plaintiff through registered sale deed in favour of defendants and they are in continuous possession of same - Plaintiff was well aware of the fact that land in question is mutated in the name of defendants long back still he neither instituted any proceedings..........
Limitation Act, 1963, Article 136 -- Execution - Limitation - Execution of decree for getting possession of property in a decree for specific performance - Limitation starts to run from the date of execution of sale deed and not from the date of decree...........
Specific Relief Act, 1963, Section 22(2) -- Specific performance - Relief of possession - Provision of S.22(2) of the Act is discretionary - In a decree for specific performance one need not specifically claim possession which is mere ancillary - Expression `at any stage of proceedings' is wide enough to allow the plaintiff to seek relief of possession even at the..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to Muslim wife - Specific averment of dowry demand as well as cruelty has been made by wife in her statement and in her application - Wife stated that her in-laws had mentally tortured and thrown her from house, therefore she was living in her parental home - Since salary of husband is Rs.47000/- p.m, maintenance @..........
Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Extension of time to deposit balance sale consideration - Trial Court in its discretion granted extension of time for depositing balance sale consideration assigning cogent reasons - Plaintiff deposited the balance sale consideration and sale deed was executed in his favour - High Court therefore,..........
