Criminal Procedure Code, 1973, Section 397, 401, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Revision - Cheating - Forged document - Revision court is neither required to interpret provision of Tenancy Act nor determine validity of sale deed, but has to see whether prosecution`s case regarding production of forged agriculturist certificate before..........
Indian Penal Code, 1860, Section 420 -- Cheating - Sale deed - Furnishing of wrong address in sale deed would not constitute cheating as there is a distinction between false documents and documents whose recitals are false...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - When cheque is claimed to relate to a large liability, complainant should at least make basic allegations regarding total amount due, sale consideration fixed and date of agreement, payment schedule etc...........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Partition suit - Defendant denied that plaintiff is daughter of legally wedded wife `R' of his father - Plaintiff sought to produce sale deeds said to have been purchased by mother of plaintiff - Even if documents were taken on record, same would not prove that plaintiff is daughter of `R' and father..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Partition suit - Plaintiff and defendants both are having equal right over property in dispute unless it is divided as a consequence of partition suit - Therefore, to protect the property there is prima facie case and balance of convenience in favour of plaintiff as well as defendants also - Though..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for cancellation of sale deed and for perpetual injunction - Specific case of plaintiff is that defendant had obtained sale deed under coercion and by playing fraud and misrepresentation and no sale consideration has been paid to him - Cause of action is mixed question of facts and law and aspect of..........
Agreement to sell -- Termination - Suit for specific performance - Where agreement was terminated by seller, there should be a prayer for declaration that termination of agreement for sale is bad in law, or that it does not bind plaintiff and in absence of such a prayer, suit filed for specific performance will not be maintainable...........
Agreement to sell -- Specific performance - Ready and willing - Party approaching Court seeking relief of specific performance of agreement of sale need not produce actual cash/money but is entitled to prove his readiness and willingness by any other means...........
Agreement to sell -- Specific performance - Ready and willing - There is no law which mandates production of audited books of accounts or Income Tax returns to show that plaintiff is using properly accounted money and not black money for purpose of payment of sale consideration...........
Agreement to sell -- Specific performance - Ready and willing - No law which states that a person seeking specific relief should prove his source of income - Rather law stipulates that there should be amounts available for payment of sale consideration...........
