Writ of habeas corpus -- Brother seeking production of his sister who is under custody of her husband - Petitioner brother is in live-in-relationship with his real sister who is a married woman - There is no fundamental right of a person to have a live-in-relationship with a legally married woman more particularly who appears to be his own sister - Live-in-relationship..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchaser - Suit for specific performance - Defendants sold the land in question to Sehkari Samiti - However, controversy in the suit is decided on the basis of agreement alleged to have been executed by defendants with plaintiff - There is thus, no need to implead Sehkari Samiti as a party defendant..........
Agreement to sell -- Specific performance - Description of suit property - When suit properties are not described properly plaintiffs cannot claim any relief against defendants...........
Agreement to sell -- Validity - Suit for specific performance - Defendants have denied execution of agreement in written statement - One of attestors of agreement had stated that he did not sign as a witness on agreement - Genuineness of agreement has not been proved by plaintiffs - Agreement in question is not valid...........
Agreement to sell -- Specific performance - Suit filed after a lapse of twenty years - No explanation given by plaintiff in this regard - Even there is no pleadings with regard to willingness of plaintiffs or original vendee for getting sale deed executed in their favour - No evidence adduced by plaintiff to show that right from the date of sale agreement, original vendee..........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff is obliged not only to make specific statement and averments in the plaint but is also obliged to adduce necessary oral and documentary evidence to show the availability of funds to make payment in terms of the contract in time...........
Agreement to sell -- Specific performance - Ready and willing - While readiness means the capacity of plaintiff to perform the contract which would include his financial position, willingness relates to the conduct of plaintiff...........
Agreement to sell -- Specific performance - Ready and willing - S.16(c) of Specific Relief Act bars the relief of specific performance of a contract in favour of a person who fails to aver readiness and willingness to perform his part of the contract...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - A-2 was the Managing Trustee of college and based on agreement entered into complainant had undertaken the construction activity and as a result an amount became payable to complainant - A-2 having been shown as managing trustee must be held responsible for settling debt/liability incurred to..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), 20 -- Illegal gratification - Demand and acceptance - Presumption - S.20 of the Act would come into operation only when there is no nexus between the demand and the action performed or sought to be performed - But, when the fact of receipt of payment or an agreement to receive the gratification stands proved,..........
