Indian Penal Code, 1860, Section 406, Criminal Procedure Code, 1973, Section 482 -- Criminal breach of trust - Quashing of FIR - Development agreement - Amount of Rs.1 crore paid along with development agreement cannot be said to have been entrustment of property - Even otherwise, accused not used the amount nor misappropriate it contrary to any direction of law or..........
Agreement to sell -- Breach of contract - Damages - Where plaintiff is guilty of breach of contract, there does not arise any issue of grant of damages to plaintiff. (Contract Act, 1872, S.73)...........
Agreement to sell -- Specific performance - Readiness and willingness - Financial capacity - Not a single document whatsoever was filed by plaintiff to prove his financial capacity - By self serving averments, financial capacity cannot be held to be proved - Existence of immovable property in itself is not enough to prove financial capacity, as immovable property is not..........
Agreement to sell -- Breach of contract - Damages - Once monetary relief has to be granted, then damages have to be proved as required by law towards specific amount and this could have been done by means of filing sale deeds with respect to any similarly situated properties as around date fixed for specific performance. (Contract Act, 1872, S.73)..........
Specific Relief Act, 1963, Section 14(3)(c) -- Development agreement - Specific performance - Analysis of decided cases for grant of specific performance in case of development agreement are : (i) Courts do not normally order specific performance of a contract to build or repair - But this rule is subject to important exceptions, and a decree for specific performance of a..........
Indian Penal Code, 1860, Section 188 -- Scope - S.188 IPC not only covers breach of law and order, disobedience of which is punishable, but it is attracted even in case where act complained of causes or tends to cause danger to human life, health or safety as well...........
Arbitration and Conciliation Act, 1996, Section 11(9) -- Appointment of arbitrator - Breach of agency agreement - Agreement contained a arbitration clause meant for determination of dispute by arbitration - Dispute between parties have arisen due to breach of agency agreement which remained unsettled - Former Judge of Supreme Court appointed to act as arbitrator to..........
Criminal Procedure Code, 1973, Section 145, 482 -- Proceedings u/s 145 Cr.P.C - Dispute regarding temple - Civil suit between parties stands adjourned sine die and parties were directed to maintain status quo with regard to passage which is bone of contention between parties for going in and out for general public - Petitioner failed to produce any document of ownership..........
Agreement to sell -- Breach of agreement - Forfeiting the advance amount paid - Seller can forfeit the advance amount received only when he pleads and proves loss caused to him on account of breach of agreement to sell by buyer...........
Motor Vehicles Act, 1988, Section 147 -- Accident - 60% permanent disability - Compensation - Liability of insurer - Accident occurred due to rash and negligent driving of tractor - Appellant travelled in the tractor as a passenger in breach of policy condition, as tractor was insured for agriculture purposes and not for carrying goods - Evidence unambiguously pointed out..........
