whole or any part of the mortgage-money, and any other receipt for payment of money due under a mortgage when the receipt does ... that such document contains a recital of the payment of any earnest money or of the whole or any part of the purchase money
being 25%
of the bid amount, with the DDA, this being earnest money under the terms
of the conditions of auction. The relevant provisions ... officer conducting the auction, 25% of
the bid amount as earnest money either in cash or by Bank Draft in favour
of the Delhi Development
paid in cash as earnest money by the
attorney holder of the purchaser to the attorney holder of the vendor.
(iv) The sale ... vendor committed default, he had to pay double the amount of
earnest money to the purchaser and if the purchaser committed any default
that Rs. 1,000/- wire paid
to him as earnest money at the time of the execution of the
agreement. The conditions of the agreement ... March 21, 1949 and referred to in the
agreement as 'earnest money' and Rs. 24,000/- agreed to be
paid by the defendant
Power to grant relief for possession, partition, refund of earnest money, etc.—
(1) Notwithstanding anything to the contrary contained in the Code of Civil Procedure ... which he may be entitled, including the refund of any earnest money or deposit paid or made by him, in case his claim for specific
such further period as the court may allow, pay the purchase money or other sum which the court has ordered him to pay, the vendor ... refund of any sum paid by the vendee or lessee as earnest money or deposit in connection with the contract. (3) If the purchaser
English Law" at p.
689: "Giving an earnest or earnest-money is a mode of
signifying assent to a contract of sale ... earnest or have made up
their minds." As observed by the Judicial Committee
in Kunwar Chiranjit Singh v. Har Swarup(1):
"Earnest money
Articles 226 and 136.
Railway contract-Tender notice-Conditions-Payment of
earnest money stipulated by cash or demand draft drawn on a
specified bank-Acceptance ... conditions mentioned in the tender notice was that the
earnest money should be deposited by cash or by demand draft
drawn of the State Bank
opening of the bids in public; (h) reserve price and earnest money to be deposited along with the bid; (i) any other terms and conditions
relevant portion of this reads as follows:
“Earnest Money can be deposited in the form of Demand
Draft (DD)/Banker’s Cheque (BC)/Banker ... shall be acceptable
only when value of Earnest money (EMD) exceeds Rs. 5.00
Lakhs.”
9. What is of significance from the above is that
