Specific Relief Act, 1963, Section 37, 38 -- Suit for permanent injunction and partition - Suit dismissed by trial Court without recording evidence of plaintiff as well as defendant - Suit is in relation to immovable property and valuable rights of parties are to be decided - One opportunity to lead evidence is thus, required to be granted - Impugned order of dismissal of..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 304A, 498A, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Cancellation of bail - Dowry death - Allegation against mother-in-law - Accused is a lady of 55 years of age - Husband and two co-accused were already granted bail - If trial Court was satisfied that accused was entitled to concession..........
Agreement to sell -- Suit for specific performance - Unregistered agreement to sell - Mere non registration of agreement to sell does not bar very institution of suit for specific performance...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Extension of time - S.36-A(4) proviso of the Act categorically states that Public Prosecutor, while making an application for extension of time, shall indicate two aspects on applying his mind, viz.: (a) progress of investigation and (b) specific reason for detention of accused beyond the said period..........
Agreement to sell -- Specific performance - Post dated cheque issued towards part payment - Cheque returned as `payment stopped by attachment order' as there was raid conducted by IT Department and bank account was attached - Cheque was not returned for the reasons of insufficient funds in the bank account - Cannot be said a worthless cheque issued towards part sale..........
Agreement to sell -- Specific performance - Readiness and willingness - There must be a specific issue framed on readiness and willingness on the part of plaintiff in a suit for specific performance and parties must be put to notice before giving specific finding...........
Agreement to sell -- Specific performance - Readiness and willingness - Without there being a specific issue as to readiness and willingness of plaintiff, Court gave finding that plaintiff was not having sufficient funds to make the full balance consideration - In a suit for specific performance a specific issue as to readiness and willingness of plaintiff should be..........
Indian Penal Code, 1860, Section 376(2)(n) -- Rape - Accused and prosecutrix were in consensual relationship for past four years - They voluntarily went together to several places and had consensual sex - There is no specific allegation in First Information Statement that accused had given a promise to prosecutrix to marry which at the inception was false and based on..........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Plaintiff admitted that applicant is one of co-owners and signatory to agreement in question - Applicant rightly impleaded as one of defendants...........
Specific Relief Act, 1963, Section 34 -- Proviso, 42 - Suit for declaration - Plaintiff not in possession - Suit for declaration without seeking relief of possession is not maintainable - Dismissal of suit without affording an opportunity to plaintiff to amend plaint to seek consequential relief, held, not proper - Impugned judgment and decree passed by Courts below set..........
