Agreement to sell -- Specific performance - Act and conduct - Suit filed on the date specified for registration of sale deed - Plaintiff did not comply with the terms of contract and rushed to the Court post haste - Equitable relief of specific performance can be denied by reading some dubiety, down into the conduct of plaintiff - Relief of specific performance rightly..........
Education -- Admission - Last date - Many seats vacant - Further time should be given to fill up the seats - Time extended...........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape of three years old girl - Plea of alibi - Plea of alibi not taken by accused in his statement u/s 313 Cr.P.C. - Moreover, accused was on leave from his work on the date of incident, thus plea of alibi that he was on his work place at the relevant date, negated - Convincing evidence on record that under..........
Agreement to sell -- Specific performance - Ready and willing - Successive notices were sent by plaintiff to defendant but he never stated about her readiness and willingness to complete the sale - Plaintiff only insisting the defendant to hand over the documents and put that as a condition for completion of sale when agreement does not contemplate such a condition before..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 25 -- Juvenile - Court of Session before which case was pending on the date of commencement of 2016 Act, shall be the Court to try the petitioner...........
Indian Penal Code, 1860, Section 366, 376 -- Kidnapping and rape - Prosecutrix was major on the date of incident - Informant had knowledge of the fact that prosecutrix was married with accused on her own sweet will - Even otherwise, prosecutrix herself admitted that she visited different places along with accused without any protest and complaint to anyone - No offence..........
Medical Council of India Act, 1956 -- Admission to Post Graduate Medical/Dental courses - Notification dated 5.5.2017 issued by State for notifying remote and/or difficult areas for grant of weightage in marks obtained in NEET - Validity - Identification of remote and/or difficult areas on the basis of unwillingness of Doctors to join at those places, cannot be held to be..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 363, 366, 376, 506 -- Discharge - Kidnapping and rape - Dispute as to real age of prosecutrix - There is grave suspicion whether on date of occurrence prosecutrix was major or minor - Age of prosecutrix has to be determined as per R.12 of Juvenile Justice Rules, 2007 - Therefore, trial Court..........
Eviction Order -- Pendency of stay application - Executing Court directed issuance of warrant of possession - Non grant of stay as such by Appellate Authority and granting adjournments and delaying stay proceedings was not justified thus, revision petition filed u/art.227 of Constitution is very much tenable and sustainable and irreparable loss would be caused if tenant..........
Limitation Act, 1963, Article 19, 22 -- Limitation - Recovery suit for money - No evidence on record that money deposited by plaintiff in accounts of defendants was payable on demand - Neither any evidence that any written agreement executed between parties - Thus, plaintiff is not allowed to claim that his suit is covered u/art 22 of the Act - Money deposited in accounts..........
