Agreement to sell -- Specific performance - Agreement to sell though denied by defendant, but Courts below have recorded finding on the basis of evidence on record that there was valid execution of agreement - Suit was filed within limitation - Finding of continuous readiness and willingness is also in favour of plaintiff - Suit rightly decreed in favour of plaintiff...........
Easements Act, 1882, Section 15 -- Easement - Right of pathway - Plaintiff claims that he was in continuous use of common road for over four decades - However, plaintiff failed to establish such right of way was acquired by him by prescription or grant or by necessity - Moreover, plaintiff has laid suit seeking relief of declaration in `B' Schedule property and for..........
Succession Act, 1925, Section 276, 278, Limitation Act, 1963, Article 137 -- Probate/Letters of administration - Limitation - Very nature of proceedings and nature of cause which is continuous would entitle appellant to get letters of administration or Probate of property on basis of Will executed by testator - Application for probate of Will cannot be treated as barred by..........
Service -- Disability during service - Alternate post - Appellant appointed as driver was found colour blind during service and was declared unfit to hold the post of driver - He was prematurely retired from service on medical grounds without any meaningful effort by respondent/Corporation to explore his suitability for alternate employment - This action, taken in..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Sufficient cause - Defendants were not serious to pursue their cause and rather they were totally negligent - On account of non-appearance on three consecutive dates, ex-parte proceedings were drawn against defendants - Even, suit was not finally decided immediately and even thereafter..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Permanent disability - Appellant was self employed Aluminum fabricator - Doctor while assessing disability as 63% in terms of loss of earning, observed that appellant has severe difficulty in squatting and climbing stairs - Movement of right dominant hand of appellant reduced by 35% - Appellant is unable to..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Prosecution failed to make out a case of continuous demand of dowry and torture for non-fulfillment of same - Charge u/s 498-A IPC not proved - Conviction and sentence set aside...........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482 -- Abetment of suicide - Suicide note - There has been no contact whatsoever either in person or by phone or any other means between deceased or his relatives and his wife or any of other accused which would indicate continuous harassment or torture or any sort of pressure at the hands of..........
Partition suit -- Partition suit and declaration of sale deed as null and void - Plaintiffs failed to establish that they are legal heirs of original pattedar - They have also miserably failed to produce cogent material to show their continuous possessions vis-a-vis possession of suit property by defendants - Defendants on the other hand have been able to show that sale..........
Limitation Act, 1963, Article 65 -- Limitation - Suit for possession and permanent injunction - Suit filed after an unexplained delay of nearly 37 years from the date of alleged dispossession or encroachment - Cause of action as pleaded having arisen in 2008 on the basis of demarcation - Mere demarcation cannot give rise to a fresh cause of action so as to override the..........
