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Search Results for "Agreement of Sale"

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High Court

High Court of Karnataka Allows Writ Petition Quashing Order Refusing Registration of Sale Deed in Favour of Legal Heirs — Agreement of Sale Not Required to Be Registered Under Section 17 of Registration Act, 1908. The court held that an unregistered agreement of sale is admissible for collateral purposes and a decree for specific performance can be executed by legal representatives.

4 Aug 2025

The petitioners, legal representatives of the deceased Munikrishnappa, filed a writ petition under Articles 226 and 227 of the Constitution of India s...

High Court

Bombay High Court Allows Appeal for Refund of Earnest Money in Sale Agreement Dispute — Lower Appellate Court Erred in Denying Refund Without Evidence of Forfeiture Clause. The court held that in the absence of a forfeiture clause in the agreement, the defendant could not retain the earnest money paid by the plaintiff.

29 Jun 2017

The appellant, Jyoti Adsod, filed a suit for recovery of Rs.70,000 paid as earnest money to respondent no.1, Sindhubai Shende, under an agreement of s...

High Court

High Court of Karnataka Dismisses Petition Challenging Rejection of Application to Dismiss Suit for Specific Performance Based on Unregistered Agreement of Sale. Agreement of Sale Not Requiring Compulsory Registration Under Registration Act, 1908 as It Does Not Transfer Any Right, Title or Interest.

1 Dec 2016

The respondent/plaintiff instituted O.S. No.67/2013 in the Court of Civil Judge, Muddebihal, seeking specific performance of an agreement of sale date...

High Court

High Court of Karnataka Quashes Impounding Order in Specific Performance Suit — Stamp Duty and Penalty Cannot Be Levied Without Proper Enquiry Under Section 37 of Karnataka Stamp Act, 1957. The court held that before impounding an unstamped document, the trial court must conduct an enquiry to determine the proper stamp duty and penalty, and the order impounding without such enquiry is illegal.

29 Jun 2015

The petitioners, as plaintiffs, filed a suit for specific performance of a contract based on an agreement of sale dated 25.4.2006 executed by the dece...

High Court

High Court of Karnataka Dismisses Appeal for Specific Performance of Sale Agreement — Plaintiff Failed to Prove Readiness and Willingness. The court held that the plaintiff did not adduce evidence to show continuous readiness and willingness to perform the contract, and the suit was barred by limitation under Article 54 of the Limitation Act, 1963.

24 Mar 2015

The appellant, V.P. Venkatesh, filed a Regular First Appeal under Section 96 read with Order 41 Rule 1 and Section 151 of the Code of Civil Procedure,...

High Court

High Court of Karnataka Dismisses Appeal for Specific Performance of Sale Agreement — Plaintiff Failed to Prove Readiness and Willingness. The court held that the plaintiff did not adduce sufficient evidence to show continuous readiness and willingness to perform the contract, and the suit was barred by limitation under Article 54 of the Limitation Act, 1963.

24 Mar 2015

The appellant, V.P. Venkatesh, filed a Regular First Appeal under Section 96 read with Order 41 Rule 1 and Section 151 of the Code of Civil Procedure,...

High Court

High Court of Karnataka Dismisses Appeal for Specific Performance — Plaintiff Failed to Prove Readiness and Willingness and Suit Barred by Limitation. Agreement of Sale Dated 12.1.2000 Fixed Three Months for Execution; Suit Filed in 2003 Beyond Limitation Under Article 54 of Limitation Act, 1963.

24 Mar 2015

The appellant, V.P. Venkatesh, filed a Regular First Appeal under Section 96 read with Order 41 Rule 1 and Section 151 of the Code of Civil Procedure,...

High Court

High Court of Karnataka Allows Writ Petition Challenging Trial Court Order on Stamp Duty in Specific Performance Suit — Agreement of Sale with Possession Clause Requires Proper Adjudication Under Section 34A of Karnataka Stamp Act, 1957. The trial court's order directing payment of deficit stamp duty without first impounding the document was set aside and the matter remitted for fresh consideration.

20 Mar 2014

The petitioners, who were the 1st defendant in a suit for specific performance, challenged the trial court's order dated 08.06.2012 in O.S.No.26784/20...

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 Preponderance of Probabilities; Defendant Failed to Rebut Presumption Under Section 114 of Indian Evidence Act, 1872.

6 Feb 2014

The appellant, Marigouda Chanabasappa Marigoudar, was the defendant in a suit for specific performance of contract filed by the respondents (plaintiff...

High Court

Bombay High Court Upholds Cancellation of Agreement of Sale Due to Cheque Dishonour — Defendant Ordered to Vacate Premises on Refund of Advance. Agreement Contained Specific Clause That Dishonour of Cheque Would Result in Cancellation and Vacant Possession.

18 Aug 2010

The case involves a dispute over an agreement of sale for a flat. The plaintiff, Ranjana Rajendra Vadnere, entered into an agreement with the defendan...

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