Partition suit -- Ancestral property - No document or oral evidence led to show existence of any Joint Family Property or nucleous - Both the Courts concurrently held that there is no iota of evidence to show that suit property is ancestral property of plaintiff to be divided along with her father - Mere plea that suit properties are ancestral property of plaintiff and..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff failed to make out a prima facie case for grant of temporary injunction restraining defendants from carrying out construction work in the suit property and from selling, disposing or creating any third party interest in suit property - It is also not the case where irreparable harm and..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Plaintiff failed to make out a prima facie case for grant of interim injunction - Resultantly, no prima facie case is made out by plaintiff for grant of attachment of suit property under provisions of O.38.R.5 CPC - Moreover, application filed by plaintiff is bereft of any details as to how relief..........
Criminal Procedure Code, 1973, Section 102 -- Seizure of property u/s 102 Cr.P.C - Police possesses power to seize property u/s 102 Cr.P.C only if property is alleged or suspected to have been stolen or which creates suspicion of commission of an offence...........
Agreement to sell -- Specific performance - An agreement to sell with respect to property, transfer of which is dependent upon the permission of an authority, can be specifically enforced while granting liberty to plaintiffs to apply for requisite permission...........
Agreement to sell -- Specific performance - Vendor if subsequently acquires title/interest in the property - Any person who enters into an agreement to sell by representing himself to be the owner of the property, is bound to honour such agreement, if he subsequently acquires title/interest in the said property. (Transfer of Property Act, 1882, S.43)..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Prima facie case is in favour of plaintiff - Balance of convenience and irreparable loss also lie in favour of plaintiff - Interim relief of temporary injunction restraining defendants, their agents, servants and all other persons claiming through or under them,..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Issuance of four cheques towards advance rent - Premises vacated - One cheque presented for recovery of damages caused to the property - Civil Court decree was passed against complainant and a finding was recorded that no damage was caused to building - Respondent successfully rebutted the..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Death of defendant No.1 during pendency of second appeal - Entire allegation about attempt being made to interfere with possession and enjoyment of suit property has been made against defendant No.1 in his individual capacity - Allegation that was made by plaintiff should confine..........
Indian Penal Code, 1860, Section 387, 506 -- No intention on the part of accused to put Respondent No.2 in fear of grievous hurt or death to deliver property nor did he have any intention to threaten Respondent No.2 with injury to his person, reputation or property - Offences u/ss 387 and 506 IPC not made out...........
