Indian Penal Code, 1860, Section 120B -- Offence u/s 120-B IPC - No agreement by petitioner and co-accused are alleged to have been made to commit any illegal act - Ingredients of S.120-B IPC are not fulfilled...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Defendant filed suit for permanent injunction by way of counter claim - Revenue record does not reflect sale of any portion of land nor does it show that plaintiff was in possession of suit property - Defendants by leading ocular and documentary evidence, proved agreement to sell whereby part of property..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Plaintiff sought right over property on the basis of agreement of sale - Execution of sale agreement does not convey any right in respect of suit property unless execution of registered sale deed to be made in favour of plaintiff, where suit property is immovable property worth..........
Indian Penal Code, 1860, Section 420, 406, 467, 468, 471, 120B -- Cheating - Breach of contract - Applicant not able to produce any evidence to indicate that respondents had intention to deceive applicant from the very inception - He also did not issue any notice to respondent No.1 for execution and registration of agreement to sell - Applicant has also not produced on..........
Agreement to sell -- Ready and willing - Readiness and willingness are two different expressions - Even though S.16(c) of Specific Relief Act has used the same conjointly, yet each of them needs to be pleaded and proved independently...........
Agreement to sell -- Suit for specific performance - Ready and willing - Mandate of statue is not dependent upon defence raised by defendant...........
Agreement to sell -- Specific performance - Defendant not denied the execution of agreement but stated that same was executed by defendant at the time when he was not in his proper senses owing to old age - Defendant opted to appear through his special power of attorney (SPA) and himself remained absent - Special power of attorney admitted that his grandfather/defendant..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of five cheques - Presumption - Execution of agreement to transfer shop between complainant and accused - Said transaction was acted upon and its benefits were received by accused - Accused intentionally issued cheques in favour of complainant for legally enforceable liability as per an agreement which are..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Earlier suit as filed by plaintiff in 1993 and plaint in said suit rejected in 1998 - Second suit of 2007 was filed on the strength of O.7.R.13 CPC for the very same cause of action and for seeking very same relief of specific performance of agreement - Plaintiff could have filed the second suit on or..........
Agreement to sell -- Does not create any title in the property...........
