Transfer of Property Act, 1882, Section 41 -- Agreement to sell - Bona fide subsequent purchasers - Appellants not pleaded in their written statement that they acted in good faith taking reasonable care to ascertain that transferor has power to transfer suit land - No reasonable inquiry made by appellants before purchasing suit property - Even otherwise, plea raised by..........
Civil Procedure Code, 1908, Order 7, Rule 11(b), (c) -- Rejection of plaint - Deficient Court fee - Court fee paid as assessed by Court - Plea that trial Court erred in correctly evaluating the value of property - A contentious issue needs to be determined on the basis of evidence to be led by the parties - Rejection of application - Calls for no interference...........
Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Illegal gratification - I.O. did not verify as regards demand made by accused prior to laying down the trap - Plea that currency notes were foisted/thrusted in left side pocket of shirt - Said act is corroborated by fact that stitching at the left side of pocket of shirt of accused had become loose - Accused..........
Adverse possession -- Plaintiff cannot file suit based on plea of adverse possession...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration that ex parte decree obtained by defendant against father of plaintiffs was illegal, null and void and not binding upon plaintiffs - No evidence on record that decree in question was obtained by playing fraud upon Court - Neither father of plaintiffs nor plaintiffs filed any application for..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Vague, general and unsubstantiated allegations of cruelty by husband against wife - No material on record to support such allegations of cruelty - Plea of wife on the contrary that husband not permitted her to matrimonial home is proved on record - Even forcible removal of child from wife..........
Civil Procedure Code, 1908, Order 6, Rule 2, 3 -- Plea beyond pleadings - Cannot be entertained - Parties have to lay the foundation of plea sought to be raised by way of pleadings...........
Agreement to sell -- Specific performance - Defendant neither in his written statement nor in his affidavit taken any plea that contract of sale was cancelled by him and earnest money was forfeited - Plea thus, raised by defendant that as reply to notice was not challenged, so plaintiff was not entitled for relief of specific performance, carries no substance...........
Agreement to sell -- Specific performance - Plea of hardship - Has to be raised in written statement - Since there is no pleading and proof that house in dispute is the only house owned by defendant, plea cannot be entertained...........
Agreement to sell -- Specific performance - Endorsements for extension of date of registration of sale deed - Execution of agreement to sell and receipt of earnest money not disputed by defendant - Defendant received further money and executed endorsements for extension of date of registration of sale deed - Said endorsements are duly established from the statements of PW4..........
