Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 341, 324, 325, 447, 148, 149, 307 -- Quashing of FIR and order taking cognizance - (i) Series of litigation does not ipso facto make the FIR lodged with certain ulterior motive; (ii) Once there is formation of an unlawful assembly, once there is an assault, once there are injuries sustained,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Possession delivered subsequent to the execution of agreement to sell - If agreement to sell had been executed through registered document then subsequent delivery of possession can also take place through registered document - Absolutely no occasion to grant temporary..........
Indian Penal Code, 1860, Section 420, 467, 468, Criminal Procedure Code, 1973, Section 482 -- Agreement to sell executed by a person who is not owner of land and who received earnest money - It is a criminal offence - Proceedings cannot be quashed on the ground that offence is of civil nature...........
Indian Penal Code, 1860, Section 420, 467, 468, Criminal Procedure Code, 1973, Section 482 -- Agreement to sell executed by a person who is not owner of land and who received earnest money - Held, mere pendency of civil suit is altogether a different matter and has got no nexus or co-relation with the criminal offences of cheating - Petition to quash proceedings dismissed...........
Specific Relief Act, 1963, Section 20, 19(2) -- Agreement to sell - Specific performance - Bona fide purchaser - Agreement entered into between plaintiff and defendant No.1 - Defendant No.1 sold suit land in favour of defendant No.2 during pendency of restraint order - All parties belong to same village - Held, it can safely be presumed that defendant No.2 knew about..........
Agreement to sell -- Specific performance - Relief of specific performance is equitable in nature - Even if an agreement is proved, Court is required to take into account, the conduct of the parties, the fairness in the deal, and the entitlement of the plaintiff - Court can never extend its helping hand to a person, who indulges in dubious transactions and attempts to..........
Agreement to sell -- Comes into existence only when it is result of consensus ad idem - Money constitutes consideration only when it is paid by one to another with a specific understanding that it is the consideration for a contract, that the contract can be said to have come into existence - Money paid for one purpose cannot be treated as consideration for another - Even..........
Specific Relief Act, 1963, Section 38 -- Injunction - Restraining alienation - Such a relief is not available in a simpliciter suit for injunction - Such prayer is generally made in a suit for specific performance of an agreement...........
Agreement to sell -- Specific performance - Hardship - Question of hardship has to be judged on the date of transaction and not in the light of subsequent events - If defendant knew all circumstances at the time of entering into contract for sale, those circumstances subsequently cannot be pleaded so as to constitute hardship for exercising discretion against plaintiff..........
Agreement to sell -- Specific performance - Hardship - Mere hardship is not a ground for denial of relief of specific performance of contract...........
