Supreme Court · 2003 INSC 744 · Decided 19 December 2003
Videocon Properties LTD. v. DR. Bhalchandra Laboratories and ORS.
- Court
- Supreme Court of India
- Citation
- 2003 INSC 744 · [2003] SUPP. 6 S.C.R. 1197
- Case number
- CIVIL APPEAL No. 10135/2003
- Decided
- 19 December 2003
- Bench
- DORAISWAMY RAJU, ARIJIT PASAYAT (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Transfer of Property Act Section 55(6)(b)
Headnote
B Transfer of Property Act, 1882-Section 55(6)(b)-Charge over property-Applicability in cases of earnest money-Earnest money­ Meaning of-Charge under Scope of- 'A 'paid earnest money to purchase land of 'R '-Agreement stipulated payment of consideration at various C stages- 'R' unable to in fact a part payment of purchase price­ Charge held justified. The appellant entered into an agreement for purchase of a land from the respondents. The appellant paid Rs. 38 lakhs to the respond- D ents as "deposit or earnest money". Clause 1 of the agreement specified more than
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