Agreement to sell -- Specific performance - Readiness and willingness - Defendant was well within his right to raise plea of readiness and willingness against plaintiff despite having denied execution of the agreement...........
Agreement to sell -- Specific performance - Plea of novation - Once the agreement became non-effective on account of unilateral material alterations carried out therein, plea of novation thereof may not be required to be dealt with...........
Agreement to sell -- Specific performance - Execution of agreement in question was doubtful - Even payments as alleged by plaintiff not proved - Suit dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11(d), Limitation Act, 1963, Article 54 -- Rejection of plaint - Barred by limitation - Suit for specific performance - Cause of action to file suit arose on the date when registered sale deed is executed in favour of defendant through Court proceedings - Prior to said date defendant himself was not having any title to suit..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Decree for specific performance - Mere mis description of property in the decree will not make decree inexecutable - Moreover, description of boundary does not affect the decree, since DH has already purchased the property to the extent of 4/5th share - Objections dismissed...........
Specific Relief Act, 1963, Section 28 -- Decree of specific performance - Recession of contract - Direction issued to JD to execute the sale deed within two months - DH was bound to make payment at any time within period of two months if JD had so approached to him with an offer of execution of sale - However, no direction issued to DH to deposit money with Court to make..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Averments made with regard to cruelty are vague and baseless without any factual foundation - Husband in order to prove his plea of dissolution of marriage is required to state specific instances of cruelty with precision in the plea - Mere ordinary wear and tear of marriage life does..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - It is a discretionary equitable relief - For laying basis for grant of permanent injunction, a person approaching Court must do so with clean hands disclosing all material facts and if he or she tries to conceal any material fact from Court, then such relief is not to be granted...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Impleadment of transferee purchaser and amendment of plaint - Suit for specific performance - Suit land was firstly transferred by vendors to defendant `H' and during pendency of suit defendant `H' further transferred the same to third party - Though third party to agreement to..........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Main accused already acquitted - Present accused is charged in specific only under charge of sharing common intention for attempt to murder - No material on record that accused was already having knowledge that main accused is keeping knife in his pocket that too for purpose of causing murder of injured -..........
