MADRAS HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 307, Criminal Procedure Code, 1973, Section 320-- Attempt to murder - Compromise - Offence u/s 307 IPC is not compoundable - However, taking into consideration the totality of the entire facts and circumstances of the case, sentence reduced to already undergone...........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 39, Rule 3-- Ad interim injunction - Status quo order - Trial Court issued interim injunction directing parties to maintain status quo over land in dispute till next date for final disposal of application - Though Court empowered to grant injunction even without notice to defendant, however, once the objection..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 41, 41A, Constitution of India, 1950, Article 21-- Arrest and detention - Arrest of two ladies, a doctor and a practicing Advocate - Number of violations in the arrest and seizure - Circumstances in no case justify the manner in which petitioners were arrested - Violation of Article 21 of the Constitution as petitioners were compelled to face..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 197-- Public servant - Sanction for prosecution - Report u/s 173 Cr.P.C. that accused after entering into conspiracy to select Panchayat Secretaries, against monetary consideration, committed forgery in various records and used forged record as genuine and destroyed the evidence to justify their illegal..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Suit for specific performance - Question regarding whether defendant executed the registered deed of contract of sale of his property in favour of plaintiff after receiving advance consideration or not, is not a question of law but a question of fact and that could be decided on..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Summary suit - Leave to defend - Leave granted subject to condition of furnishing surety equivalent to cheques amount - Case based on cheques which were issued for consideration - Condition imposed while granting leave to defend, as the Court convinced on the point of filing an application by..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Agreement to sell-- Specific performance - Refund of advance amount - Enhancement of value of real estate and decline in value of currency - Relief of refund of money, as directed by First Appellate Court, enhanced with certain conditions - Amount of Rs.15,000/- enhanced to Rs.15,00,000/- payable with interest and in..........
DELHI HIGH COURT
Year of decision: 2016
Details
Agreement to sell-- Qua ground floor of suit property - Specific performance - Breach of contract - Plaintiff is guilty of breach of contract by not only failing to tender balance sale consideration, in fact defendants sent their legal notice requesting for balance payment which was not complied by plaintiff - Once..........
DELHI HIGH COURT
Year of decision: 2016
Details
Agreement to sell-- Qua second floor and above floor of suit property - Specific performance - Breach of contract on the part of plaintiff - Plaintiff cannot claim that he was not bound to tender balance consideration allegedly on account of a cloud created on the title of father of defendants particularly when it is..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Agreement to sell-- Suit for specific performance - Time essence of contract - It is mentioned in the agreement that when plaintiff asks defendant then defendant would receive Rs.1 lac as balance consideration and execute the sale deed - These words clearly indicate the intention of parties were not to limit the..........