Specific Relief Act, 1963, Section 20 -- Specific performance - Grant of decree of specific performance of agreement of sale is not an automatic and it is a discretionary relief - Same is required to be exercised judiciously and reasonably...........
Indian Contract Act, 1872, Section 55 -- Time essence of contract - In a contract of sale of immovable property, if time is specified for payment of sale price but not regard to execution of sale deed, time will become essence of contract only with reference to payment of sale price but not with regard to execution of sale deed...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 109 days in filing restoration petition - Plaintiff wilfully delaying the process - Conduct of plaintiff throughout proceedings indicates an indifferent attitude to proceed with the case and had intended to keep the litigation alive - Trial Court ought not to have allowed application for condonation of..........
Employee's Compensation Act, 1923, Section 3(a), 4A(3) -- Compensation - Default in payment by employer - Interest - Payment of 12% interest is mandated u/s 3(a) of the Act if there is default committed in making provisional payment - Interest runs from date of accident - Discretion is only in so far as applying a higher rate ensuring that it does not exceed lending rate..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Search of accused must be carried out in presence of Gazetted Officer or Magistrate only - Question of giving a third option of search being conducted by a member of police party, none of whom are Gazetted Officer, does not arise - However, where accused voluntarily expresses his willingness..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Director - Petitioner already resigned from the post of Director of company before cheque was dishonoured - He did not have any association with Company since his retirement - No liability therefore can be affixed upon such director - Proceedings qua petitioner quashed...........
Evidence Act, 1872, Section 136 -- Number of witnesses - Where the number of witnesses is large, it is not necessary that everyone should be produced...........
Criminal Procedure Code, 1973, Section 439, Unlawful Activities (Prevention) Act, 1967, Section 10, 13, 17, 38(1)(2), 40, 22A, 22C, Chhattisgarh Vishesh Jan Suraksha Adhiniyam, 2005, Section 8(2), (3), (5), Indian Penal Code, 1860, Section 201, 149, 120B, 34 -- Bail - Offences u/ss 10, 13, 17, 38(1)(2), 40, 22-A, 22-C of 1967 Act, S.8(2), (3), (5) of 2005 Adhiniyam and..........
Bombay Stamp Act, 1958, Article 25 -- Explanation 1 Schedule I - Deficient stamp duty - Agreement to sell vide which physical possession had already been handed over to appellant, regardless of basis of such possession satisfies the requirement to treat the instrument as a `conveyance' within meaning of Art.25 of the Act - Agreement to sell liable for payment of stamp..........
Bombay Stamp Act, 1958, Article 25 -- Explanation 1 Schedule I - Deficient stamp duty - Agreement to sell - Suit property occupied by appellant on rental basis under agreement to sell and it would not be a part of sale transaction - Since possession was admittedly given to appellant even before the date of agreement, implying acquisition of possessory rights protected u/s..........
