Specific Relief Act, 1963, Section 12(3) -- Part performance - S.12(3) of the Act can be invoked only where the terms of contract permit segregation of rights and interests of parties in the property...........
Specific Relief Act, 1963, Section 12(3) -- Part performance - Power to grant partial relief is discretionary with the Court to be exercised keeping in view the facts and circumstances of each case and the rights and interests of parties involve...........
Specific Relief Act, 1963, Section 12(3) -- Part performance - Benefit of S.12(3) of the Act can not be rejected on the short ground that it was not incorporated in the plaint or was not set forth in writing before Trial Court...........
Specific Relief Act, 1963, Section 12(3) -- Part performance - Relinquishment could be made at any stage of litigation including the appellate stage - Claim of plaintiff for grant of benefit u/s 12(3) of the Act was, therefore, rightly not rejected by High Court on the simple ground that it was not made at the trial stage and had been made for the first time at the..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Restoration of restoration application dismissed in default - Present restoration application has been filed by petitioner after a lapse of more than 3 years - Trial Court rightly dismissed the application...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Sought at the fag end of trial - Amendments qua which fresh evidence would be required to be led, cannot be permitted in law...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of five cheques - Presumption - Execution of agreement to transfer shop between complainant and accused - Said transaction was acted upon and its benefits were received by accused - Accused intentionally issued cheques in favour of complainant for legally enforceable liability as per an agreement which are..........
Registration Act, 1908, Section 17(1A) -- Registration - Compromise decree - Rights of parties which flow from compromise deed has been recognized for the first time by compromise decree and those rights were not pre-existing rights - Compromise memo thus, requires registration in view of S.17(1-A) of the Act...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from obstructing lawful possession of plaintiff - Claim of defendants having any title over property is itself in question in as much as claim for partition was made against husband and father of defendants - Since said partition suit was dismissed for non-prosecution, they..........
Stamp Act, 1899, Section 47A(1) -- Deficient stamp duty - Collector u/s 47-A(3) of the Act has got no power to suo motu review the amount of stamp duty paid at the time of registration after a lapse of two years...........
