Agreement to sell -- Suit for specific performance - Agreement of sale of immovable property - Normally time will not be essence of contract unless specifically intended - Party making false allegations not entitled to equitable relief - Discretion not to be exercised arbitrarily by Court but be guided by judicial principles...........
Civil Procedure Code, 1908, Order 3, Rule 2, Evidence Act, 1872, Section 118 -- Power of attorney holder - Not entitled to appear as a witness on behalf of the party in the capacity of that party - Power of attorney holder of a party can appear only as a witness in his personal capacity to speak about the facts which are within his personal knowledge about the case - Party..........
Evidence Act, 1872, Section 68 -- Registered document - Proof - In absence of specific denial by the party against whom the document is relied upon there is no necessity of calling an attesting witness in proof of any document, except a Will, which has been registered in accordance with the provisions of the Indian Registration Act...........
Evidence Act, 1872, Section 68 - - Proof of registered document - Proviso to Section 68 dispenses with necessity of calling attesting witness in proof of any document, except a Will, which has been registered when there is no specific denial by party against whom the document is relied upon...........
Evidence Act, 1872, Section 101 -- Benami - Burden of proof - The party who wants to prove that the recitals are untrue must bear the burden to prove it...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Subject matter of the litigation is the house in question whereof partition in equal shares has been sought by the plaintiff - Applicant is a necessary party to the suit, he being one of the members of the said HUF with whose funds the said house is alleged to have been purchased in the joint name of..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Non payment - If the erring party is the petitioner the proceedings can be ordered to be stayed - Where the erring party is the respondent the Court can strike off the defence of such party...........
Transfer of Property Act, 1882, Section 52, 41, 43 -- Lis pendens - Transfer of property during pendency of litigation to frustrate the claim of other party without disclosing it to the vendee - Intention of the vendor may be bad, but it will not bind the bona fide purchaser unless it is proved that the vendor had the knowledge of litigation - However, mala fide act of the..........
Motor Vehicles Act, 1939, Section 103A -- Transfer of vehicle - Transfer not intimated to the Insurance Company - Insurance Company's plea that due to non-compliance of S.103A policy lapsed and consequently liability of insurer ceased - Not sustainable - Third party interest is protected - Third party will not include a transferee whose transferor has not followed..........
Adverse possession -- Party in possession claiming possession under gift deed which has not been proved and making alternative plea of adverse possession - In absence of proof that party has disclaimed his right under gift deed and asserted possession under title hostile to knowledge of owner within statutory period and that owner acquiesced to it, he cannot succeed to..........
