Agreement to sell -- Specific performance - Ready and willing - Once defendant asserted that plaintiff was neither ready nor willing to perform his part, plaintiff was atleast required to prove on record that he had capacity to pay balance sale consideration of more than 23 lakhs on agreed date for execution of sale deed - Plaintiff failed to bring on record any cogent..........
Agreement to sell -- Specific performance - Only 25% of total sale consideration was paid as earnest money on date of agreement to sell which cannot be held to be major part of consideration - Admittedly, possession was never delivered to plaintiff in part performance - Lower Appellate Court erred in granting discretionary relief to plaintiff decreeing suit for possession..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Parties are living separately for about 23 years - Wife is unemployed having no independent income and is solely dependent upon alimony - She is residing in her parental house and her female child has completed B.Tech on student loan of Rs.4,00,000 - Male child has also completed B.Tech and M.Tech and educational..........
Agreement to sell -- Specific performance - Ready and willing - Continuous readiness and willingness on the part of buyer from the date of execution of agreement to sell till the date of decree, is a condition precedent for grant of relief of specific performance...........
Criminal Procedure Code, 1973, Section 439, Prevention of Corruption Act, 1988, Section 7, 7A -- Bail - Offence u/ss 7, 7-A of P.C Act - Petitioner has been in custody since 24.12.2024 - Challan already presented - Prosecution has cited 30 witnesses, none of whom have been examined yet - Trial is likely to take considerable time to conclude - No recovery of any alleged..........
Insolvency and Bankruptcy Code, 2016, Section 61 -- Appeal - Limitation - Commencement - Incident which triggers limitation to commence is date of pronouncement of order and in case of non-pronouncement of order when the hearing concludes, date on which order is pronounced or uploaded on website - However, where judgment was pronounced in open Court, period of limitation..........
Insolvency and Bankruptcy Code, 2016, Section 61(2) -- Appeal - Delay in filing appeal - Condonation of delay - Certified copy of orders passed by NCLT not applied - Second appeal, on this score alone is to be dismissed as there is no question of moving an application for condonation of delay when no application for obtaining a certified copy of order has been filed -..........
Service -- Extension of age of retirement - Office memorandum (OM) 2013 vide which age of retirement was extended was withdrawn by subsequent Office Memorandum (OM) 2019 - By that time, there was no judicial order conferring benefit of OM 2013 on appellant - Hence, on the date when OM 2019 was issued, no right vested in appellant to continue in service up to age of 60..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 29, Indian Penal Code, 1860, Section 279, 336, 427 -- Bail - Contraband - Contraband recovered from abandoned car which was found to be registered in the name of petitioner - Plea of petitioner is that he had already sold the said vehicle to one `H'..........
Limitation Act, 1963, Article 65 -- Limitation - Partition suit - Limitation commences from the date of exclusion or from date on which possession becomes adverse - Fact of exclusion and possession becoming hostile has to be pleaded and properly proved - Defendants have miserably failed to plead ouster or possession becoming adverse, in that view of the matter point for..........
