Court Fee must be paid on sale consideration when declaratory suit involves title based on agreement to sell: MP High Court
“Where the plaintiff attempts to under-value the plaint and reliefs, the Court has to intervene.”
Agreement to sell
Maharashtra Stamp Act| Principal document alone chargeable with Stamp Duty in case of transaction with multiple documents: SC
The Court also clarified that to determine the stamp duty that is chargeable upon an instrument, the legal rule is that the real and true meaning of the instrument is to be determined by ascertaining the intention of the parties from the contents and the language employed in the whole instrument
Whether Execution Court can decide application under Section 28 of Specific Relief Act for recission of contract/ time extension? SC answers
Dismissing the appeal, the Court opined that the respondents had all throughout shown their intention to pay the balance consideration for execution of the sale deed whereas the appellants appeared interested only in challenging the decree before higher Courts.
NRJ Series | When Supreme Court dismissed specific performance suit due to ‘flimsy’ oral evidence for existence of agreement to sell immovable property [(1953) 2 SCC 257]
This report covers the Supreme Court’s Never Reported Judgment, on suit for specific performance, dating back to the year 1953.
Whether power of attorney, will, agreement to sell can be recognised as title documents conferring rights in any immovable property? Supreme Court answers
Supreme Court said that the entry of the appellant over part of the suit property is simply as a licencee of the respondent. He does not continue to occupy it in the capacity of the owner. Thus, the licence having been terminated, he has no right to remain in possession but to restore possession to the person having rightful possessory title over it.
Clever drafting cannot result into Plaintiff getting relief indirectly which otherwise cannot be given: Supreme Court
Supreme Court: In a case where a plaintiff had sought for permanent injunction without applying for the substantive relief of specific performance
Explained| Can Karta alienate Joint Hindu family property without coparcener’s signature?
Supreme Court: In a suit where the Karta of a Joint Hindu Family, consisting of himself, his wife and his son, had
Del HC | S. 138 NI Act; EPF society facilitating purchase of houses on behalf of its members held not liable for dishonour of cheques issued to the builder
Delhi High Court: Suresh Kumar Kait, J., allowed a petition wherein directions were sought for quashing the complaint case filed against the petitioner
Pat HC | Act of entering into an agreement to sell with another vendee, prior to impugned agreement would not be enough to prove fraudulent and dishonest intention under S. 415 IPC
Patna High Court: Birendra Kumar, J. allowed a petition since the entire factual position of the case, made out a case of
P&H HC | Party if denies agreement to sell cannot raise plea of ‘readiness and willingness’ particularly when extensions and earnest money duly proved against it
Punjab and Haryana High Court: Amit Rawal, J. dismissed an appeal against the decree of the suit for specific performance of the
P&H HC | Claim of fraudulently obtaining signature on agreement to sell must be supported with sufficient evidence
Punjab & Haryana HC: The Bench of Raj Mohan Singh, J. dismissed a revision petition on the ground of insufficient evidence but