Transfer of Property Act, 1882, Section 60 -- Usufructuray mortgage - Redemption - In case of usufructuray mortgage, a mortgage with possession, mortgagor retains right to redeem the property at any time, unless a specific time limit for redemption has been prescribed - Limitation period u/art 61 of Limitation Act begins only when mortgage money is fully discharged, either..........
Specific Relief Act, 1963, Section 6 -- Suit for recovery of possession - Plaintiff is out of possession since 2018 - However, no action seems to have been taken when locks were put on the premises by defendant - Even no explanation given for the same - Plaintiff has not been able to point out by any evidence on record to even remotely suggest that he had been dispossessed..........
Agreement to sell -- Specific performance - Ready and willing - Plaintiffs failed to prove that they had requisite financial viability on the target date - In the absence of any such cogent or reliable evidence, relief of specific performance rightly denied...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third parties - Suit for specific performance - Respondents are not necessary party to suit as effective decree can be passed in their absence - Moreover, respondents have already filed a separate suit for enforcement of their claim against third party - Therefore, they are neither necessary nor proper party to..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file fresh one - Sufficient grounds - Plaintiff filed suit for permanent injunction and other consequential reliefs yet no prayer for confirmation of possession has been made - Since consequential relief of confirmation of possession has not been pleaded, suit itself is not maintainable in..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issue - Suit for specific performance - Issue as to whether plaintiffs are entitled for possession of subject matter of agreement without partition amongst other brothers and mother of petitioner, is a mixed question of law and fact - Unless plaintiffs proves readiness and willingness, no decree for..........
Electricity Act, 2003, Section 79, 178, Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2014 -- Whether the CERC exercises regulatory or adjudicatory functions under Section 79 of the Act, 2003? - In the absence of a regulation under Section 178 does not preclude the CERC from exercising its powers under Section 79(1) to make..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11, 10 -- Rejection of plaint - Application partly allowed and plaint ordered to be returned - Plaint was reinstituted with the same facts and no new facts were introduced - An application u/s 151 CPC was filed for taking and admitting the same plaint alongwith certain invoices, bills, vouchers etc. showing conferring..........
Civil Procedure Code, 1908, Section 151 -- Application u/s 151 CPC - Plaint without specific averments about cause of action, cannot be allowed to be maintained on basis of any application submitted u/s 151 CPC...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Prosecution failed to establish a proximate link between alleged acts of cruelty and deceased's decision to commit suicide - No specific evidence was found that accused instigated, provoked or aided deceased to take the extreme step - Witnesses deposed that one month back there was a quarrel between accused and..........
