Agreement to sell -- Breach of agreement - Refund of advance amount - Execution and contents of agreement unequivocally admitted by defendant in his evidence - Case projected by defendant that plaintiff was aware of encumbrance on suit property from inception was nothing but an afterthought, devised solely to defeat plaintiff's legitimate claim for refund - More so, upon..........
Specific Relief Act, 1963, Section 28 -- Rescission of contract - Relief of rescission of contract can be sought by a transferee pendente lite and while deciding such application, Court only decides antecedent rights - Fact that such right of rescission is sought after execution of sale deed in favour of original plaintiff is a fact fatal for the applicant...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Will - Original Will as propounded by plaintiff was not produced during evidence - Will was produced before Patwari for entering mutation but he remained silent regarding original Will - Pre-requisite condition about existence of Will remained un-established on record and therefore, permission to prove Will by way of..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Registered sale deed in favour of original applicant was executed prior to institution of suit - In such circumstances, essential condition for invoking attachment before judgment U.O.38.R.5 CPC that property belongs to defendant on the date of institution of suit is absent - Plaintiff's remedy,..........
Civil Procedure Code, 1908, Section 96 -- Appeal - Interim relief - First appellate Court can re-examine both questions of fact and law and may re-appreciate evidence on record - Its powers are as extensive as original Court's, meaning it can reconsider the need for interim protection...........
Criminal Procedure Code, 1973, Section 340 -- Once main case stood compounded, initiation of action on an application filed by a stranger, who had no nexus with original case could not justify continuation of proceedings u/s 340 Cr.P.C...........
Civil Procedure Code, 1908, Order 21, Rule 15 -- Execution - Joint decree holders - Decree for possession - DHs are heirs of original plaintiff, their inter se rights regarding property are not to be considered and decided in execution petition - It is only decree for possession has to be executed whether at the behest of one of decree holder or by all decree holders,..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Keeping in view various heads under which claimants are entitled to compensation, total sum of Rs.36,80,300, awarded to claimants with interest @ 6% from the date of filing of original petition - Interest accruing during 135 day delay in filing of Special Leave Petition shall be excluded from..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Maintainability - Petitioners have invoked the provisions under Hindu Marriage Act, conscious of fact that they are only professing Hindu religion - There was absolutely no necessity for Court to conduct any roving enquiry in such circumstances, merely because wife's name continues to be her original..........
Arbitration and Conciliation Act, 1996, Section 7 -- Arbitration agreement - When there has indeed been no arbitration agreement in first place, therefore subsequent correspondence between parties cannot displace the original intention...........
