Specific Relief Act, 1963, Section 19(b) -- Bona fide purchaser - Suit for declaration of title - Decree for specific performance obtained by plaintiff in earlier suit behind the back of a bona fide purchaser, as transaction had taken place prior to institution of suit for specific performance - Plaintiff had knowledge of transaction with respect to suit land between third..........
Agreement to sell -- Specific performance - Bona fide purchaser - Execution of GPA by defendant no.1 in favour of defendant no.2 is not denied by defendant no.1 - Defendant no.2 executed sale deed in favour of defendant no.3 on basis of said GPA - Defendant no.1 categorically stated in his written statement that agreement in favour of plaintiff is forged and fabricated -..........
Negotiable Instruments Act, 1881, Section 118 -- Suit for recovery based on dishonoured cheque - When there is an admission regarding issuance of cheque in connection with a money transaction either as security or in lieu of cash, initial onus lies on plaintiff to prove due execution would stand discharged - Presumption available u/s 118 of the Act including one that..........
Agreement to sell -- Specific performance - Defendant admitted execution of agreement for sale and receiving an advance amount - She tried to avoid the contract on the premise that she did not have right or title to suit property - However, defendant cannot deny her title when she had entered into contract - More so, defendant also sold some portion of land out of same..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Offence by company - Vicarious liability - As per material on record petitioner establishes that he had ceased to be director of company prior to issuance of cheques in question - Nothing on record to indicate that petitioner..........
Will -- Where a Will is set up, procedure prescribed u/s 68 of Evidence Act has to be followed and it is burden of propounder of Will to prove that Will is duly executed - Propounder also has a legal obligation to explain the suspicious circumstances, if any, surrounding the execution of Will...........
Delhi Rent Control Act, 1958, Section 14(1)(e), 25B -- Execution of decree - Issuance of warrants - Tenant voluntarily entered into a compromise and pursuant thereto, enjoyed benefit of staying in tenanted premises for a period of ten years - Now, at the stage of execution, tenant cannot raise any objections with regard to jurisdiction of ARC that recorded consent..........
Hindu Marriage Act, 1955, Section 13(1A)(ii) -- Divorce - Decree for restitution of conjugal rights - Where wife sitting dormant despite knowing of fact the effort made by husband for restitution of conjugal rights, shows intention of wife not to join back company of husband - Merely because decree for restitution of conjugal rights was not put to execution, it cannot be..........
Will -- Suspicious circumstance - Testator died within 15 days of execution of Will - He was bed ridden for a period of 10 months prior to his death - Testator himself stated in the Will that he was sick and getting weak even then he is stated to have written the Will himself which is not believable - No medical evidence on record to prove that testator was in a sound and..........
Will -- Attestation - Will executed in favour of son which was attested by two witnesses and one of them had died - Evidence of other attesting witness PW2 was disbelieved by trial Court - PW2 stated that beneficiary of testator being only son of testator was unaware of Will during lifetime of testator - However, it is improbable that only son of testator who is..........
