Orissa Hindu Religious Endowments Act, 1951, Section 19(1) -- Suit for eviction - Registered sale deed shows that Marfatdar of the deity alienated suit land in favour of plaintiff by means of a registered sale deed - There is no evidence on record that Commissioner of Endowments accorded permission u/s 19 of the Act to sell the land - So-called alienation by person styling..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for injunction and declaration - Amendment sought to incorporate relief of specific performance - Plaintiffs relied upon agreement of sale and claiming right over suit property on basis of said agreement - Indirectly and implicitly, plaintiffs asked for specific performance of contract itself, as..........
Agreement to sell -- Specific performance - Agreement to sell becoming incapable of performance due to acquisition of that property by Government - Entire sale consideration of Rs.90,000 was received by vendor and possession was delivered - Plaintiff constructed three shops on the suit land - Held, plaintiff is entitled to compensation of Rs.10 lakhs received consequent to..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Suit for specific performance - Suit property agreed to be sold by defendants on specified sale consideration - Defendants failed to execute sale deed - Plaintiffs always ready and willing to perform his part of obligation - Whether plaintiff ultimately succeeds in..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for specific performance - No time specified for sellers to execute sale deed - Period of limitation of 3 years as per Art.54 of Limitation Act, thus, start from the period when plaintiff noticed that performance is refused - Suit filed within said period of three years would..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Death of defendant Nos.2 to 4 - Substitution of LRs - Suit for cancellation of sale deed - Deceased defendants executed registered sale deed in favour of defendant No.1 - Since all rights and interest in suit property transferred in favour of defendant No.1, Courts below rightly held, that there was no need to substitute LRs..........
Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 482 -- Agreement to sell - Non execution of sale deed - At the time of entering into agreement to sell there was no intention of accused to cheat complainant and thereby dishonestly inducing him to deliver the amount - Non compliance of agreement on later point of time may be due to many..........
Specific Relief Act, 1963, Section 34, 20 -- Suit for declaration and specific performance - Limitation - Agreement to sell executed in the year 1992 - Cause of action arose to plaintiff in the year 2000 upon execution of sale deed inter se between defendant no.1 and defendant no.2 - Suit of plaintiff filed within 3 years from the year 2000 thus, not barred by limitation,..........
Specific Relief Act, 1963, Section 34, 20 -- Suit for declaration and specific performance - Execution of agreement to sell proved on record - Entire sale consideration was passed by plaintiff to defendant no.1 simultaneously with execution of agreement to sell and possession of suit property was also delivered to plaintiff - Plaintiff not prayed for execution of..........
Drugs and Cosmetics Act, 1940, Section 25(3) -- Sale of sub-standard drug - Report of Government Analyst - Notified to petitioners/manufacturers after expiry date of sample drug had lapsed - Statutory right available to petitioners to challenge Government Analyst's report as per S.25(3) of the Act infringed beyond redemption - Proceedings qua petitioners quashed...........
