Agreement to sell -- Specific performance - Sale of property to third person - Plea of bona fide purchaser - Agreement to sell in favour of plaintiff by defendants Nos.1 and 2 brothers - Defendant No.1 alone thereafter executed sale deed of half of suit property in favour of defendant No.3 - There was no partition in between defendant Nos.1 & 2 - Witness of sale deed in..........
Civil Procedure Code, 1908, Order 7, Rule 3 -- Description of suit property - Purpose of O.7.R.3 CPC, is to ensure that there is description of suit property sufficient to identify the same, which is with intent and purpose that in a case a decree is passed, it ought to be an executable decree and does not remain a mere paper decree...........
Civil Procedure Code, 1908, Order 7, Rule 3 -- Description of suit property - O.7.R.3 CPC is not mandatory - Defect in description can also be cured in execution proceedings, however for passing of an effective decree, it is necessary that in every suit, where relief of possession is claimed in respect of immovable property, a plaint map should be filed showing location,..........
Civil Procedure Code, 1908, Order 7, Rule 3 -- Description of suit property - Suit for permanent injunction - Plaintiff purchased suit land by virtue of sale deed - However, boundaries as given in sale deed, do not tally with boundaries as mentioned in plaint - Plaintiff has not taken care to place on record a plan/sketch or apply for inspection and measurement by any..........
Indian Penal Code, 1860, Section 302, 304(Part I), 323 -- Nature of offence - Incident occurred due to sudden quarrel between parties - Accused acted without premeditation by using tools which were at the spot for carrying on construction - Single injury found on the head of deceased and assault on the deceased was not with such force to cause multiple injuries - Accused..........
West Bengal Premises Tenancy act, 1956, Section 7(1), 7(2) -- Suit for eviction - Application for recalling of order by which suit was fixed for ex parte hearing - Suit fixed for ex parte hearing because written statement not filed within time - Repeated adjournments prayed by petitioner - Further, petitioner failed to suggest issues - However, as this is a suit for..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 449, 120B -- Bail - Double murder case - Property dispute between parties - Accused was the root point of dispute regarding 53 bighas of land, which was in possession of murdered couple and their son - It was bone of contention between parties particularly owner of land in whose name land was..........
Rent and eviction -- Title of landlord - In a landlord-tenant suit, landlord is not required to prove his title in subject property as in a title suit - However, when landlord's derivative title is challenged, same is to be established in some form...........
Indian Penal Code, 1860, Section 379 -- Theft of sand - Sand was excavated and was thereupon no longer an immovable property, as sand on being excavated would lose its attachment to earth ergo, it is a movable property or goods capable of being stolen - Contention that alleged theft of sand is not punishable u/s 379 r/w S.378 IPC, as sand is an immovable property as per..........
Indian Penal Code, 1860, Section 379, Mines and Minerals (Regulation and Development) Act, 1957, Section 4, 21, Prevention of Damage to Public Property Act, 1984, Section 3, 4 -- Theft of sand - Quashing of proceedings - Person can be prosecuted for offence u/s 379 IPC on the allegation of illegal mining in view of S.22 of 1957 Act, as offence u/ss 4, 21 of 1957 Act is..........
