Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Allegations prima facie demonstrate that wife was prima facie subjected to verbal abuse, physical abuse and economic abuse at the hands of petitioners soon after marriage, till date of her husband committed suicide but even thereafter - Wife and her relatives were not even allowed to..........
Civil Procedure Code, 1908, Order 39, Rule 1, Hindu Marriage Act, 1955, Section 8 -- Temporary injunction - Restraining respondent-wife from alienating scheduled property of deceased husband - Petitioner pleaded herself to be legally wedded wife of deceased but failed to prove the same - On the contrary, respondent produced several documents which established beyond doubt..........
Agreement to sell -- Specific performance - Limitation - Suit to be filed within three years from date fixed for performance and if no such date is fixed, when plaintiff noticed that performance is refused. (Limitation Act, 1963, Art.54)...........
Agreement to sell -- Specific performance - - Readiness and willingness - Appellant is tenant of suit property and agreed to purchase it as per agreement - However, respondent landlord denied the same - No evidence was produced by tenant to show his readiness and willingness to perform the contract - On the contrary, when owner denied appellant's claim of tenancy, he just..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of objections filed in consolidation proceedings - Amendment application filed at very belated stage after 19 years from the date of filing of such objections - Evidence in said proceedings was closed - Amendment allowed without considering O.6.R.17 Proviso CPC - Moreover, facts mentioned in amendment application..........
Civil Procedure Code, 1908, Order 9, Rule 7, Limitation Act, 1963, Article 137 -- Ex parte proceedings - Setting aside - Limitation - No period of limitation is prescribed for setting aside ex parte proceedings - When no limitation is prescribed then it is Art.137 which applies and limitation for an application U.O.9.R.7 CPC is three years from the date of accrual of cause..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Partnership firm - Complaint against partnership firm and its partners - Retiring partner - Statutory Form-G in the context of partnership firm can be relied upon and looked into by Court - However, material placed on record indicate that picture is very hazy..........
Adverse possession -- Date of entry into suit land was not mentioned - In encroachment case, plaintiff prayed for settlement of land in his favour - Element of hostile animus is thus absent - Courts below perfectly justified in holding that plaintiff failed to substantiate his case - Plea of adverse possession not proved...........
Agreement to sell -- Specific performance - Readiness and willingness - Financial capacity of buyer - Mere oral assertion in evidence cannot be solely relied upon by Court to record finding that plaintiff was having sufficient funds available with him on the date of agreement to sell, particularly, when only defence taken in written statement was that plaintiff was not..........
Agreement to sell -- Specific performance - Time essence of contract - Agreement to sell - Last date for execution of registration of sale deed agreed between parties - Once last date has been mentioned, Court was not correct in returning finding that time was not essence of contract. (Contract Act, 1872, S.54)..........
