Is a Development Agreement Valid Without Monetary Transaction?

I consider it not necessary to delve into the development of the concept of consideration in English Law as I have stated above that the Roman Dutch Law would apply to the transaction in question. ... Without informing the Appellant Bank of the new agreement, they had sold the shares and remitted the monies to Seylan Bank. ... Would the said transaction amount to an enforceable contract? Under the Roman Dutch Law there should be justa causa for a contract to be valid#HL_....

2023 Supreme(Online)(NCAT) 456

development agreement, construction to be executed. ... constructed area in the ratio of 45:55 and allotment of flats and commercial units in lieu of their entitlement under the Development Agreement does not make the transaction ... The terms and conditions of development agreement entered 6 Company Appeal (AT) Ins. ... No. 46 of 2023 between the appellant and the corporate debtor, Annexure 6 makes it clear that the appellant was a collaborat....

High Court Malaya Shah Alam

This Court finds it believable that Ling was desperate for money and had signed the documents without giving any rational commercial consideration to its terms. ... that the Investment Agreement is an illegal moneylending transaction. ... It has been described as a created document which does not correspond with the purported transaction or the true agreement between the parties. We said it was not novel because as early as in 1967, the English Queen....

2024 Supreme(HK)(HKCA) 80

Mr Wong submitted that in that transaction, the defendant had used the Land as security to borrow money and the security took the form of the Feb 2011 Development Agreement, which was cancelled upon the repayment of the loan.  ... The Feb 2011 Development Agreement was cancelled on 18 November 2011, which was the date of the Development Agreement.  The Judge considered this earlier transaction showed that the defendant was minded to....

2025 0 Supreme(Guj) 2065

Such an admission demolishes the theory of an outright agreement to sell and establishes that the plaintiffs stood in the shoes of moneylenders, without license, who had sought to camouflage a money lending transaction as an agreement to sell immovable property. ... In the present case, there is no legal and valid transaction evidenced by any registered agreement to sell executed between the parties, and based upon such unregistered documents, the tr....

2024 0 Supreme(Cal) 93

The collateral transaction is not a transaction affecting the immovable property, but it is independent from the main transaction. Therefore, merely the payment of deficit stamp duty, in respect of an unregistered document, it cannot be stated that it can be used for any collateral purpose. ... —Where immovable property of one person is by act of parties or operation of law made security for the payment of money to another, and the transaction does not amount to a mor....

2024 0 Supreme(Bom) 841

could not be adequately relieved by compensation in money. ... The Development Agreement entered by Defendant No.2 with the third party was also the commercial transaction. Section 34 of the C.P.C. is in respect of the Interest. It provides for interest more than 6% per annum in case of commercial transactions. ... After the Agreement to Sell (Exh.65), the Plaintiff never contacted the Defendant No.2 for completion of the sale transaction. Though he tried to contact t....

2025 0 Supreme(Bom) 1549

He would submit that the Term Sheet is not a simplicitor Joint Development Agreement but is in substance an Agreement for Joint Development in the nature of a quasi-partnership. ... He would argue that the Term Sheet is neither an Agreement for Sale nor Development Agreement and submit that it is a Joint Development Agreement in the nature of a quasi-partnership. ... In this context, it is seen from the Term Sheet ....

2025 0 Supreme(Cal) 759

The yardstick to be applied is not whether an agreement is a pure construction agreement or a development agreement but whether it comprises of a commercial transaction. 64. ... If it is a development agreement, it is all the more a commercial transaction, since a developer would definitely enter into the same with commercial motive. ... The unilateral construction and development by one of the parties to the #HL_S....

2025 0 Supreme(Bom) 1587

He would submit that the Execution Draft DA is a standard Development Agreement and therefore a finding that the transaction remained one of sale of the Subject Property would be rendered entirely perverse and irrational. ... Towards that end, the language used in the correspondence by making a reference to "sale" in the subject line, is not an absolute characterisation of only a sale transaction but evidently it was always a sale in the nature of what would translate into a committed transact....

Current Civil Cases

Meena Devi is the executor and legatee both, as the properties have been bequeathed in her favour and hence it cannot be said that the disposition in the form of development agreement is incompatible with the administration of the estate of the testator inasmuch as interveners entered into the agreement bonafidely with the legatee, Meena Devi who has been the executor also. The interveners/petitioners have entered into the development agreement with the executor/legatee under the Will with respect to the properties under the Will. Accordingly, transaction by way of development agre....

2022 0 Supreme(Pat) 350

The interveners/petitioners have entered into the development agreement with the executor/legatee under the Will with respect to the properties under the Will. Meena Devi is the executor and legatee both, as the properties have been bequeathed in her favour and hence it cannot be said that the disposition in the form of development agreement is incompatible with the administration of the estate of the testator inasmuch as interveners entered into the agreement bonafidely with the legatee, Meena Devi who has been the executor also. Accordingly, transaction by way of development agre....

2017 0 Supreme(SC) 1718

It was a cloak or a device adopted by the Trust so as to sell the property, and the transaction could not be said to be in the interest and benefit of the trust at all. Unfortunately, Joint Charity Commissioner totally failed in observance of statutory duties and did not look into the various aspects, neither conducted an enquiry envisaged under Section 36 of the Act. The joint venture development was not an intended transaction; sale option was mentioned dubiously in the agreement; same indicated that transaction was not bonafide.

2012 0 Supreme(Bom) 1957

(b) There is no provision under the Indian Partnership Act, 1932 prohibiting such clause in the partnership deed. The Learned Counsel appearing for the appellants submits as under:- (a) that the agreement entered into between the parties was not only an agreement for partnership but was a development agreement. The nature of the transaction arising between the parties shows that it was development agreement. There is no format prescribed under the provisions of the Partnership Act for execution of a Partnership Deed.

Current Civil Cases

Thus, no fault can be found with the trial Court as it was duty bound to dismiss the complaint by the complainant a money lender who was engaged in business of money lending without a valid money lending license at the time of transaction in view of clear provisions of Sec. 10 of the Bombay Lenders Act, 1946 as the learned Court could not have assisted the complainant to facilitate or further the illegal claim or claim prohibited by law in the complaint. The Court, in view of Sec. 10(1) of the Bombay Money Lenders Act, 1946 is bound to dismiss the suit instituted without production of valid ....