Agreement to sell -- Specific performance - Ready and willing - Plaintiff is required to disclose availability of balance sale consideration - Once plaintiff has not only failed to disclose but has refused to disclose, Court draws adverse inference against plaintiff...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Making false complaints by wife against husband, would have an adverse effect on reputation of husband and place in society, as he was working in a bank and was suffering from hearing impairment - Moreover, husband was looking after his 3 years old daughter alone after wife had left..........
Thumb impression -- Thumb impression instead of signing by a literate person - Document not to be doubted merely for this reason - Key characteristic of thumb impression is that every person has a unique thumb impression - Forgery of thumb impression is nearly impossible - Adverse conclusion should not be drawn for affixing thumb impression instead of signing document by a..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by wife - Averments in petition and facts proved by wife, shows that husband has perpetrated cruelty on wife - However, husband has not come forward before Court and chosen to remain absent - Averments of wife remained uncontroverted and unchallenged and stands proved -..........
Expunction of remarks -- Adverse remarks against conduct of Advocate - Remarks recorded cast aspersion on professional integrity of advocate - Such condemnation of advocate, without giving him opportunity of being heard would be a negation of principles of audi alteram partem - Offending remarks will not only demean him amongst its professional colleagues but may also..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Suit for specific performance - Petitioner being a third party earlier also attempted to be impleaded by defendant but having failed on such attempt present application is filed as a second round of litigation - Plaintiff in a suit is a dominus litis and he has his own choice to implead a person..........
Adverse possession -- Merely being in possession of a property for a long time by itself cannot create adverse possession and title in favour of person in possession of a property unless he claims title in himself and that also to knowledge of true owner...........
Adverse possession -- Plaintiff neither by way of documentary and/or oral evidence has even claimed that he was in possession of property as owner and has not even disclosed point of time from which his possession, became adverse to true owner - Entire emphasis of plaintiff in plaint has been his being in possession - Merely being in possession of a property for a long..........
Adverse possession -- Suit for declaration of title - Defendant in possession of suit property since 1997-1998 - Suit filed in 2000, cannot create any right in favour of defendant, as period is less than 12 years - Plea of adverse possession rejected...........
Protection to life and liberty -- Live-in-relationship - Boy is major and girl is minor - Boy is representing girl claiming himself to be next friend of minor girl - However, petition is not signed by any of petitioners - There is no pleading by boy that his interest is not adverse to interest of minor girl and he is acting for welfare of minor girl - Boy is already..........
