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Bombay High Court Dismisses Appeal for Specific Performance of Oral Agreement for Sale of Shop. Oral Agreement for Sale of Immovable Property Not Enforceable Under Section 54 of Transfer of Property Act, 1882 and Section 17 of Registration Act, 1908.

The appellant, original plaintiff, filed an appeal against the judgment of a learned Single Judge of the Bombay High Court in Suit No.590 of 1980, whe...

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Bombay High Court Allows Specific Performance of Sale Agreement in Second Appeal — Upholds First Appellate Court's Decree for Execution of Sale Deed. Agreement for Sale of Agricultural Land for Rs.80,000 with Rs.60,000 Earnest Money Held Genuine and Enforceable.

The present second appeal arises from a suit for specific performance of an agreement of sale. The plaintiff (respondent) and defendant (appellant) en...

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Bombay High Court Allows Appeal in Part in Flat Purchase Dispute — Earnest Money Refund with Daily Fine and Compound Interest Upheld but Reduced. Clause 4 of Agreement for Construction and Sale Held to Be a Valid Forfeiture Clause, Not a Penalty, Under Section 74 of the Indian Contract Act, 1872.

The plaintiff, Dr. Jagdish J.N. Counte, entered into a written agreement dated 13.4.96 with the defendant, M/s. Carl Estate Private Limited, for the p...

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Bombay High Court Quashes Process in Cheating Case Against Vehicle Dealership Proprietor and Employees. Revisional Court's Order Set Aside as Trial Court's Refusal to Issue Process Was Not Perverse.

The petitioners, including the proprietor and employees of a vehicle dealership, challenged the revisional court's order directing issuance of process...

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Bombay High Court Dismisses Challenge to Impleadment of Subsequent Purchasers in Partition Appeal. Order 1 Rule 10 CPC allows joinder of parties whose presence is necessary for effective adjudication, even if purchase is during pendency of litigation under Section 52 of Transfer of Property Act, 1882.

The petitioners, original plaintiffs in a partition suit, filed Regular Civil Suit No.268/2008 seeking half share in suit lands bearing Gat No.151 and...

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High Court of Karnataka Allows University's Revision Petitions in VAT Dispute — Supply of Textbooks and Uniforms to Students Not Taxable as 'Sale'. Educational Institution Providing Essential Items to Students as Part of Education Is Not a Dealer Under KVAT Act, 2003.

The case involves sales tax revision petitions filed by Manipal University under Section 65(1) of the Karnataka Value Added Tax Act, 2003 (KVAT Act). ...