aside for the reasons that geographical location of the property or
inadequate consideration and rise/escalation of price during the
pendency of the case ... earnest money with damages.
21. So far as the issues of inadequate consideration and rise in price
are concerned, both the parties have argued
shares to the persons who are interested in the company for inadequate consideration, a notice under Section 16(2) was issued for the deemed gift ... should be a transfer and further stated that the question of inadequate consideration would not arise and the company had issued the shares only
prudent man and not to sacrifice the property for
an inadequate consideration. In the present case according to the learned
counsel, it is shocking ... Supreme Court after
consideration of the evidences came to the conclusion that the consideration in
the sale deed is thoroughly inadequate and that the sale
other person, any valuable thing without
consideration or for a consideration which he knows to be inadequate from
any person whom he knows to have ... Section 13 (1) (a) ); "habitual acceptance" of something for inadequate consideration
knowing that to be so "in any proceeding‖ or in connection
other person, any valuable thing without consideration, or for a consideration which he knows to be inadequate, from any person whom he knows to have ... case may, without consideration or for a consideration which he knows to be inadequate.
(2) Where in any trial of an offence punishable under Section
much more than market value. It thus cannot be said an inadequate consideration for the said piece of land.
9. A separate counter affidavit
appellant vehemently contended
that the plaintiff has not deposited the balance sale consideration in
the trial Court within two months of the passing ... Firstly, the agreement cannot be discarded merely on the
ground of inadequate consideration. Secondly, Mohinder Partap was
examined almost seven years after the execution
used in Section 43 regarding "consideration of payment of
amount" is with reference to the "consideration"
which passes from vendee ... lands and
under a fictitious and colourable transaction or for inadequate
consideration. They referred to the Supreme Court decision in the
case of State
contended that
since no plea regarding under valuation or inadequate consideration
for the Trust property had been raised in the Writ Petition, such
contention should
however, the averments of the
complaint have clearly mentioned the inadequate consideration and thus it is of
civil nature and since all the documents ... that once sale deed has been executed and if there is
inadequate consideration or unpaid purchased money, the only remedy available to
the vendor