Specific Relief Act, 1963, Section 34, 38, 41(h), Transfer of Property Act, 1882, Section 53A -- Decree of declaration of title - Claim for - Plaintiff also seeking relief of permanent injunction restraining defendant from interfering with their possession - Plea of adverse possession by plaintiff - As per averments in plaint, plaintiff's father and thereafter he himself..........
Agreement to sell -- Specific performance - Limitation - Three years - Limitation of three years star running from the date plaintiff has notice of refusal of performance by defendant. (Limitation Act, 1963, Art.54)..........
Agreement to sell -- Specific performance - Limitation - If any permission is to be obtained prior to performance/completion of contract, mere fact that defendant has not obtained said permission does not lead to inference that no cause of action for filing the suit for specific performance has arisen...........
Agreement to sell -- Specific performance - Limitation - No time fixed for performance - Period of limitation of three years starts to run from the date plaintiff has notice of refusal of performance for the first time...........
Agreement to sell -- Specific performance - Limitation - Plaintiff having knowledge of refusal of performance by defendant - Plea that on the next day defendant gave assurance etc. to perform the contract - Giving assurance etc. is of no importance so far as the period of limitation is concerned or the time from which it starts running...........
Agreement to sell -- Specific performance - Limitation - Article 54 of Limitation Act does not make any difference between cases where property had been delivered in part performance of the agreement or otherwise and the cases where it has not been so delivered. (Limitation Act, 1963, Art.54)..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant is supported by provisions relating presumption under NI Act - Sale agreement and power of attorney would corroborate contention of complainant - Apart from denial at time of complaint till accused sets up a case, it is incumbent on him to mention the same or establish the same - Ingredients..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(C), 20(b)(ii)(c) -- Recovery of 48 kg 200 gms Ganja, from house of accused - Ownership and possession of house - Accused held guilty as his name was recorded as owner of house in voters list of 2008 - Accused produced sale agreement - Voters list entry of 2008 being prior to sale is of no consequence -..........
Indian Penal Code, 1860, Section 420, 323, 504, 506 -- Cheating - Quashing of order framing charge - Dispute regarding purchase of land - Accused and his family members approached informant for purchase of his land and informant agreed to purchase the same - After execution of agreement of sale, accused did not deliver documents required for execution of sale deed to..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 406 -- Bail - Violation of an agreement or non payment of balance due - Whether an offence u/s 420 IPC or 406 IPC is made out or not is a matter to be investigated by investigating officer - For that purpose, custodial interrogation is not necessary - Bail granted...........
