Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Previous enmity between parties regarding land - Appellants were in possession of land in question - Weapons used in the crime by appellants are axe and sticks which are commonly used by agriculturists - No material on record to show that there is any premeditation - Possibility of offence being..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation for trees and borewell - Reference Court rejected claim for compensation of awala trees as the same were newly planted and were not fruit bearing at the relevant time - Plantation was reported to be of the year which is subsequent to the proposal to acquire land - Court also recorded that no..........
Limitation Act, 1963, Article 54 -- Limitation - Suit for specific performance - Time limit is fixed to perform part of contract by 12.12.1979 - However, no notice issued by plaintiff to defendant by expressing his readiness and willingness on or before 12.12.1979 - Admittedly, notice issued on 18.10.1982 - No evidence that defendant received said notice whatsoever..........
Agreement to sell -- Specific performance - Time not essence of contract - Even where time is not an essence of contract, plaintiff must perform his part of contract within a reasonable time and reasonable time should be determined by looking at all surrounding circumstances including the express terms of contract and nature of property...........
Agreement to sell -- Specific performance - Readiness and willingness - For relief of specific performance, plaintiff has to prove that all alone and till the final decision of suit, he was ready and willing to perform his part of contract - Mere statement or averment in the plaint for readiness sand willingness would not suffice...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff failed to prove his readiness and willingness to perform his part of the contract by adducing oral evidence on record - Relief of specific performance , denied - However, on considering the provision of S.22 of Specific Relief Act, alternative relief of refund of advance amount of Rs.20,000..........
Insolvency and Bankruptcy Code, 2016, Section 31(1), 60(5) -- Approval of Resolution plan - Challenge thereto - Average of two closest estimates given by valuers were taken into consideration as fair value and liquidation value respectively, which were found to be just and reasonable - All dues including statutory dues owned by Central Government, State Government and..........
Indian Penal Code, 1860, Section 376 -- Rape - Victim has categorically stated that she willingly and without resistance got physically involved with appellant reaffirming and fortifying her consent to such an act - Due to a prolonged sexual relationship victim eventually became pregnant and on such revelation appellant refused to marry her and suggested for termination of..........
Evidence Act, 1872, Section 115 -- Estoppel - Partition suit - Plaintiff admitted title of defendant no.1 to the extent of part of suit property in earlier proceedings - Having admitted said facts in earlier proceedings, plaintiff is estopped to claim that whole of property belongs to his paternal grandfather - Plaintiff thus, failed to prove the foundational fact that..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Muslim wife - Husband when contracts second marriage during subsistence of first marriage - Though, wife cannot stop the husband from entering into a second marriage but she has the right to seek maintenance and refuse to be a part of the matrimonial household, as act of second marriage..........
