Search Results for "Agreement of Sale"

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Search Results for "Agreement of Sale"

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High Court

High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Application to Send Documents to Fingerprint Expert in Specific Performance Suit. Trial court's discretion upheld as defendant did not dispute documents; plaintiff can seek expert opinion at evidence stage.

20 Dec 2018

The petitioner, who is the plaintiff in O.S.No.165/2014 pending before the Civil Judge and JMFC, Savanur, filed a suit for specific performance of con...

High Court

High Court of Karnataka Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement of Sale Proved by Attesting Witness and Part Performance Established, No Substantial Question of Law Arises Under Section 100 CPC.

15 Nov 2018

The appellant, Muktumhussain Mehaboob Sab Bapunavar, was the fourth defendant in a suit for specific performance of an agreement of sale filed by the ...

High Court

High Court of Karnataka Quashes Penalty Order in Stamp Duty Dispute — Agreement of Sale Not Liable to Stamp Duty as Conveyance. Court holds that an agreement of sale simpliciter without possession is not chargeable as a conveyance under Article 5(e) of the Karnataka Stamp Act, 1957, and impounding under Section 33 is not warranted.

5 Jul 2018

The petitioner, Mr. R. Mahendra Kumar Shah, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 25.11.2015...

High Court

High Court of Karnataka Quashes Penalty Order in Stamp Duty Dispute — Agreement of Sale Not Liable to Stamp Duty as Conveyance. Court held that an agreement of sale does not require stamp duty as a conveyance under Article 5(e) of the Karnataka Stamp Act, 1957, and impounding with penalty was improper.

5 Jul 2018

The petitioner, Mr. R. Mahendra Kumar Shah, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 25.11.2015...

High Court

Bombay High Court Allows Writ Petition Challenging Order to Pay Deficit Stamp Duty on MOU in Specific Performance Suit. MOU Not an Agreement of Sale Under Bombay Stamp Act, 1958 as No Consideration Paid or Possession Delivered.

13 Dec 2017

The petitioners, M/s Dharati Developers and its partners, filed a suit for specific performance of a Memorandum of Understanding (MOU) dated 24th Janu...

High Court

High Court of Karnataka Quashes Impleadment Order in Specific Performance Suit — Proposed Defendant Not a Necessary Party Under Order I Rule 10(2) CPC. The court held that a person claiming to be a subsequent purchaser without any document of title cannot be impleaded in a suit for specific performance as it would change the nature of the suit.

9 Nov 2017

The petitioner, N. Jagannatha Reddy, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 17.04.2015 passe...

High Court

High Court of Karnataka Quashes Impounding Order in Stamp Duty Dispute — Agreement of Sale Not Required to Be Stamped as Conveyance. Deficit Stamp Duty and Penalty Set Aside as Agreement of Sale Is Not a Deed of Conveyance Under Karnataka Stamp Act, 1957.

3 Mar 2017

The petitioner, Vinod Sequeira, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an interlocutory order dated...

High Court

High Court of Karnataka Upholds Decree for Specific Performance of Agreement of Sale — Plaintiff's Readiness and Willingness Established. Agreement dated 12.08.2004 for sale of property for Rs.75 lakhs with advance of Rs.10 lakhs; defendant failed to execute sale deed; trial court decree upheld.

31 Mar 2016

The case involves a suit for specific performance of an agreement of sale dated 12.08.2004 for a property in Seegehalli Village, Bengaluru. The plaint...

High Court

High Court of Karnataka Dismisses Second Appeal in Property Dispute Between Brothers — Sale Deed Held Valid and Binding. Plaintiff Failed to Prove Agreement of Sale and Possession, Suit for Specific Performance Barred by Limitation.

29 Mar 2016

The plaintiff, Sri Ramakrishnappa, filed a second appeal against the concurrent judgments of the trial court and the first appellate court dismissing ...

High Court

High Court of Karnataka Allows Appeal in Specific Performance Suit — Concurrent Findings of Fact Restored. Agreement of Sale Proved by Attesting Witness and Part Performance Established; First Appellate Court's Reversal Held Perverse.

27 Jan 2016

The appellants, legal representatives of the original plaintiff, filed a second appeal under Section 100 CPC against the judgment and decree of the IV...

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