Judgment Search Results Home > Cases Phrase: deposit pre contract Court: allahabad Page 2 of about 1,561 results (0.032 seconds)

Hari Ram Vs. Special Judge/Addl. District Judge, Ghaziabad and Others

Court : Allahabad

Reported in : 2001(3)AWC1906

..... cal 282, the trial court had passed a conditional decree with the default clause that if the plaintiff failed to pay or deposit the amount within 90 days or 120 days of the decree respectively, the defendant would not be liable to execute the deed ..... money or other sum which the court has ordered him to pay, the vendor or lessor may apply in the same suit in which the decree is made, to have the contract rescinded and on such application the court may, by order, rescind the contract either so far as regards the party in default or altogether, as the justice of the case may require.8. ..... observed :'it is perfectly open to the court in control of a suit for specific performance to extend time for deposit and this court may do so even now to enable the plaintiff to get advantage of the agreement to ..... section 28(1) of the specific relief act provides that where in any suit, a decree for specific performance of a contract for the sale or lease of immovable property has been made and purchaser or lessee does not, within the period allowed by the decree or such further period as the ..... of negligence or having an intention not to perform the decree within the time granted by the court to pay amount to the judgment-debtor and as such the court was entitled to extend the time to deposit the amount and not to accept the prayer of the judgment-debtor to rescind the contract in question. ..... has power to extend the time to deposit the amount under the decree for specific performance of contract.in k. .....

Union of India (Uoi) and anr. Vs. Madnani Construction Corporation (P. ...

Court : Allahabad

Reported in : 2004(1)ARBLR107(All); 2003(4)AWC2624

..... of government securities or may be recovered by percentage deductions from the contractor's 'on account' bills.16 (2) no interest will be payable upon the earnest money or the security deposit or amounts payable to the contractor under the contract but government securities deposited in terms of such clause (1) of this clause will be repayable with interest accrued thereto.22 (5) if any ambiguity arises to the meaning and intent of any portion of ..... the arbitration clause and shall not be referred to arbitration.63 (1) in the event of any dispute or difference between the parties hereto as to the construction or operation of this contract, orthe respective rights and liabilities of the parties on any matter in question, dispute or difference on any account ; oras to the withholding by the railway of any certificate to which the ..... for which provision has been made in clauses 18, 22 (5), 39, 45 (a), 55, 55a (5), 60 (2) and 61(1) (xiii) (b) (e) (b) of the general conditions of the contract or in any clause of the special condition of contract shall be deemed as 'excepted matters and decisions thereon shall be final and binding on the contractor, provided further that 'excepted matters' shall stand specifically excluded from the purview of ..... of the court, has jurisdiction to award interest, on the sums found due and payable, for the pre-reference period, in the absence of any specific stipulation or prohibition in the contract to claim or grant any such interest.'36. .....

M/s. Gaur Arunima Impex International Pvt. Ltd. Vs. State of U.P. and ...

Court : Allahabad

..... it is apparent that after offering the highest bid as noticed herein above and after depositing only 10% of the bid money in pursuance thereof in the year 2008, for the last 7 years, petitioner has not deposited even a single penny with the respondent-housing and development board in garb of pendency of the writ petition filed by sukhbir singh detailed above and the ..... that since the land was encumbered, the respondent-housing and development board could not have put the same for auction and therefore, the petitioner is justified in not depositing the money in terms of the bid offered, in the alternative, demand of penal interest is unjustified. ..... we may record that terms of the contract entered into between the petitioner and the housing and development board, as per highest bid accepted were binding and did not stand diluted because of pendency of writ petition filed ..... 2008 cannot be the cause for non-deposit of the balance bid amount as per ..... that the petitioner did not make any attempt to deposit the installments in accordance with the agreed terms and even today, there is no offer to deposit the money with interest as demanded. ..... since under the order of the high court, delivery of possession was stayed, it was advised not to deposit the balance amount of the bid. ..... the liability of the petitioner to deposit the money in terms of the bid offered by him and in accordance with the terms agreed upon at the time of auction, could not have been avoided in the garb of pendency of the writ .....

Anurag Misra, Revisionsts Vs. Shri Ravindra Singh and Another

Court : Allahabad

Reported in : AIR1994All174

..... this court should not interfere with those findings under section 25 of the act, and once it is accepted that the plaintiff was neither the lessor or landlord nor any contract of tenency has been proved by the plaintiff to have existed between the plaintiff and the defendants the plaintiffs suit for eviction of the defendant has not been maintainable against the ..... of 10 years and in holding that defendants were entitled to the benefit of section 39 of the act, (b) that the learned trial court erred in holding that no contract of tenancy had been entered into between the plaintiff-landlord through his natural guardian and the defendants-opposite-parties and in this connection he has invited my attention to paper no. ..... the plaintiff further alleged in the plaint that he did not want to see the defendants to continue in occupation of the accommondation as tenant and so he issued notice determining the defendants' contract of tenency under section 106 of the transfer of property act of 26-2-77 which notice wasserved on the defendants on 28-2-77 and on 2-3-77 as a matter of precaution the plaintiff again issued a ..... to what amount of relief, if any, is the plaintiff entitled it is necessary to mention the following facts:(a) that the defendants deposited the amount of rent claimed in the suit with interest and costs of the suit on the first date of hearing and denied to be entitled to get protection ..... kumar misra in the course of his deposition described the two parts of the house and .....

Mak and Co. Vs. Commissioner, Sales Tax

Court : Allahabad

Reported in : [1970]26STC455(All)

..... liability to tax is attracted only to a person who carried on the business of buying and selling, supplying or distributing the goods and this condition has to pre-exist before any of the various categories of persons (which include an auctioneer) referred to in the sub-clauses of that section: can be made liable as dealers ..... auctioneer functioned only as an agent to secure the most advantageous bid for the principal in the auction and thereafter it was the principal's agent who accepted the offer of the highest bidder and completed the contract, the auctioneer would not fall within the definition of dealer in section 2(g) of the act. ..... was directly paid to the government or the corporation and privity of contract was between his principal and the buyer and not with him.5. ..... the assessee filed an appeal and urged that since, in view of the contract between him and the government departments, he had no authority to sell, he was not a 'dealer' as defined by ..... held that the question whether an auctioneer is a dealer has to be determined not solely by reference to the fact that he described himself as an auctioneer, but has to be considered in the light of the particular contract between him and the purchaser and the surrounding circumstances. ..... counsel for the assessee has invited our attention to the contract between him and the government departments relating to the auction ..... security deposit would be directly received in the government account and the assessee will have nothing to do .....

Kanpur Iron Brass Works and Flour Mills Vs. Banarsi Das and ors.

Court : Allahabad

Reported in : AIR1959All755

..... arman dewan air 1920 cal 679 it was held that where upon an agreement of sale, the vendee deposits a sum of money with the vendor, the deposit', unless paid on any special terms, is not merely a part payment but is an earnest, so that on the one hand, if the contract is performed, it is brought into account as part payment; on the other hand, if the purchaser makes default, it may be retained by the vendor, and is thus ..... further no express contract that this deposit would be forfeited if the purchaser repudiated the contract.the division bench of the calcutta high court held that a deposit made in such circumstances was liable to forfeiture, even when there was no clause in the contract as to the forfeiture of deposit, if the purchaser repudiated the contract, the bench further held that it was not open to the purchaser to get back the money if the contract went off through ..... clear that, even when there is no clause in the contract as to forfeiture of the deposit if the purchaser repudiates the contract he cannot get back the money as the contract has gone off through his default. ..... , : air1952cal93 , it was held that in the absence of any contrary intention, money paid by the purchaser to the vendor at the time of the agreement be it described as earnest money or deposit money or by any other name -- is presumed to be earnest or security for the performance of the contract of sale, liable to be forfeited if the contract fails by reason of the default on the purchaser's part. .....

Someshwar Dayal and ors. Vs. Widow of Lalman Shah and ors.

Court : Allahabad

Reported in : AIR1958All488

..... not executed a sale deed in favour of lalman sah after the decree which had been made for specific performance of the contract against him so that lalman sah after he made his deposit of the sale consideration made an application in the execution department for having a sale deed executed through the mediation of the ..... specific performance suit is, in the first instance, a decree in the nature of a preliminary decree, and that the decree only attains a final form after the plaintiff has made the deposit of the sale consideration and has thereafter obtained actual sale of the property.it was observed by chief justice schwabe that till the date of the final completion of the matter the court ..... the nature of a decree, the court's power to extend time was in no manner affected by the provisions of order 20, rule 3 of the code of civil procedure, we may here point out that the position in a pre-emption suit is slightly different, for as we have already pointed out earlier, in a preemption suit a decree has to be made in accordance with the provisions of order 20, rule 14 of the code of civil procedure which ..... decree for specific performance as it does in the case of some other decrees nor does the code indicate the contents of such a decree as it does in the case of a decree in a pre-emption suit as provided for by order 20, rule 14 of the code.all that a decree for specific performance can properly contain is an adjudication to the effect that the plaintiff was entitled to the enforcement of .....

The National Chamber of Commerce Ltd., Kanpur Vs. Nitya Nandan Deoki N ...

Court : Allahabad

Reported in : AIR1963All294

..... question which we have just referred to above, namely, what was the nature of the deposit which was with the chamber and which the plaintiffs claim back, will have to be determined: -(1) what was the effect of the control order on the contracts, and if the effect of the control, order on the contracts was that the contracts were illegal, then how was that illegality going to affect the plaintiffs' right to ..... entitled to receive their money back, particularly when the money had not been utilised for the purpose for which it had been deposited in view of the fact that it could not be so utilised because its utilisation would have been illegal for the utilization could only be in respect of those contracts which had been adjudged illegal on two broad principles of law, first, on the principle that was recognised by section 65 ..... that whatever may have been the strict legal position in regard to the contract into which the parties to this appeal entered into, the contract certainly, in a sense, related to the forward transactions which had to be adjudged illegal in view of the provisions contained in the control order of 1943 and, therefore, the money which was deposited by the plaintiffs and was in the hands of the defendants-chamber was ..... have said above it should be perfectly clear that even though the forward contracts were illegal and could not be enforced at law, the contract under which the money was deposited by the plaintiffs with the defendants was not in any sense tainted or .....

Smt. Gayatri Devi Vs. Om Prakash Gautam and ors.

Court : Allahabad

Reported in : AIR1985All356

..... contended by the plaintiff in a suit for injunction that 'as he had entered into possession of the properties in terms of the lease executed in his favour' and was willing to perform his part of the contract of the lease though it was not completed in accordance with law, the defendants were not entitled to eject him by process of law or otherwise. ..... may, 1972, there was a general decision taken by the executive committee concerning such defaulters that time to deposit the balance shall stand extended up to 15th june, 1972, and that on failure to make the deposit within that period the advanced deposit shall be liable to deduction at the rate of seven-and-half per cent and the rest shall be refunded ..... transferor or any person claiming under him is debarred from enforcing against the transferee any right in respect of the property notwithstanding that the contract has not been registered or that the transfer has not been completed in the manner prescribed therefor by the law in force. 9. ..... in order to be applied, the following conditions to be fulfilled :-- (i) that the existence of a contract to transfer for consideration any immovable property by writing signed by the person concerned or on his behalf from which the terms necessary to constitute a transfer can be ascertained with reasonable certainly; (ii) that the transferee has, in part performance of the contract, taken possession or any part thereof or the transferee, being already in possession continues in possession in part .....

Dy. Commissioner, Rae Bareli and anr. Vs. Har NaraIn Lal

Court : Allahabad

Reported in : AIR1956All205

..... 446/- within a week, the case would be handed over to the police.in view of this notice the inference is irresistible that har narain lal had no option but to deposit the money, as it was feared that har narain lal might be dragged to a criminal court to stand his trial for an offence of a criminal breach of trust or for an embezzlement of government money.it was, therefore, to avoid publicity about ..... to be a clear case in which har narain lal paid the money under pressure and as such he is entitled to recover it back under the provisions of section 72, contract act.the facts of this case bear close resemblance to the facts in -- 'trikamdas udeshi v. ..... learned counsel for the appellants has contended that section 72, contract act has no application to this case because the respondent had deposited the sum of rs. ..... no doubt where the money is paid voluntarily under an illegal contract or for an illegal purpose the person so paying the money cannot recover it in accordance with the well known maxim 'in pari delicto potior est conditio, possiden-tis': but this maxim will apply ..... 40 ind app 56 (pc) (a) that the term 'coercion' occurring in section 72, contract act is not synonymous with the term 'coercion' as defined in section 15 of the ..... both the courts below have held that this deposit was made by the plaintiff-respondent because of the threat held out in the letter of the sub-divisional magistrate dated 2-7-1946, to the effect that if har narain lal would fail to refund the sum .....