Civil Procedure Code, 1908, Section 47, Order 21, Rule 97 -- Execution - Compromise decree for specific performance - Objections - Agreement to sell indicates that vendees were already knowing of fact that suit land had been acquired - Even notification for acquisition of land issued prior to execution of agreement to sell - On passing of award, taking over possession of..........
Consumer Protection Act, 1986, Section 12, 2(e), 24A -- Agreement to sell - Specific performance - Limitation - Cause of action - Limitation to file consumer complaint accrues when vendor failed to execute Deed of Conveyance despite receiving notice from the vendee - Cause of action thus accrued for the purpose of complaint only after the expiry of period of notice...........
Consumer Protection Act, 1986, Section 12 -- Agreement to sell - Specific performance - Ready and willing - Nothing substantial was to be performed on the part of vendees - Rather essential part of performance was only the burden of vendor which he failed to discharge - Vendor received major part of sale consideration - Payments made to vendor included substantial amount..........
Agreement to sell -- Specific performance - Certain blank spaces in agreement filled handwritten - By itself not sufficient to hold that agreement to sell is interpolated - Decretal of suit calls for no interference...........
Agreement to sell -- Specific performance - An agreement to sell with respect to property, transfer of which is dependent upon the permission of an authority, can be specifically enforced while granting liberty to plaintiffs to apply for requisite permission...........
Agreement to sell -- Specific performance - Vendor if subsequently acquires title/interest in the property - Any person who enters into an agreement to sell by representing himself to be the owner of the property, is bound to honour such agreement, if he subsequently acquires title/interest in the said property. (Transfer of Property Act, 1882, S.43)..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Prima facie case is in favour of plaintiff - Balance of convenience and irreparable loss also lie in favour of plaintiff - Interim relief of temporary injunction restraining defendants, their agents, servants and all other persons claiming through or under them,..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Relief of permanent injunction sought for with a specific allegation made against a particular person, must confine to that person...........
Agreement to sell -- Specific performance - Purpose of sale stated to be for marriage expenses - Held, document which otherwise can be said to be an agreement to sell, will not become a loan agreement and/or security document...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306, 498A, 34 -- Anticipatory bail - Specific allegations regarding harassment by making demand of additional dowry not made against parents of husband - The only allegation against them is that they did not like the deceased marrying their son and as such they used to make comments against her in..........
