Agreement to sell -- Specific performance - Readiness and willingness - It was for plaintiff to establish his readiness and willingness for execution of agreement by entering witness box and proving his capacity to pay balance consideration amount - Power of attorney appointed later on was naturally unaware of preceding events, is incompetent to deny any document on..........
Agreement to sell -- Specific performance - Readiness and willingness - Suit property was mortgaged to education department and was redeemed by defendant later on and intimation for the same was given to plaintiff - Merely because plaintiff may not have been satisfied by intimation given by defendant regarding release of property from mortgage, it cannot be construed as..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance - Case is at the stage of evidence of plaintiff - Whether agreement in question is a genuine or forged will be decided by Court after evidence of parties - All objections/defence which have been taken by defendants not to be considered at this stage - Only averments made in..........
Specific Relief Act, 1963, Section 37 -- Injunction - Public street - Onus to prove that a public street indeed exist at the spot and was being used as such is upon plaintiff, which he failed to discharge for lack of cogent evidence - Alleged street was left and brick paved by Gram Panchayat as per plaintiff - However, no evidence led in respect of his claim - Mere opening..........
Indian Penal Code, 1860, Section 304B, 498A, 34 -- Dowry death - Cruelty - Death of deceased occurred in an unnatural condition within seven years of her marriage - PWs stated that no demand was made at the time of marriage - Parents of deceased stated that one day before death of deceased a telephonic call was received from deceased that accused were quarreling with her..........
Service -- Post of Police Sub-Inspector - Physical Evaluation Test (PET) - Extension of PET for 3 to 6 months on account of pregnancy - PET will only be `qualifying' - No specific marks are assigned for PET to be added to main marks so as to vary merit - Not only appellant but all such candidates who sought deferment on account of pregnancy alone should be called for PET..........
Agreement to sell -- Specific performance - Mere fact that possession of land is with plaintiff and they were in no hurry to get sale deed executed, does not disentitle them from getting relief of specific performance...........
Agreement to sell -- Specific performance - Once agreement in question was concluded as agreement to sell and after entering into agreement to sell defendant received full sale consideration and handed over possession to father of plaintiffs, question of exercising any discretionary favourable to defendant does not arise...........
Specific Relief Act, 1963, Section 20(2)(c) -- Agreement to sell - Discretionary relief of specific performance - Once document entered was an agreement to sell and not a sham transaction, defendants can take no benefit of provision of S.20(2)(c) of the Act...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Public property - Plaintiff cannot seek injunction against public land...........
