Agreement to sell -- Specific performance - Readiness and willingness - Mere statement that plaintiff was ready and willing to perform his part of contract may not be sufficient to prove that he was ready and willing to perform his part of contract - Rather, plaintiff is required to show from his conduct that he actually made an effort to perform his part in terms of..........
Agreement to sell -- Specific performance - Non-description of land in agreement - Agreement in question vague, uncertain, ambiguous and evasive because no description of land proposed to be sold given in agreement - Decree of specific performance not granted on the basis of such agreement to sell in the absence of specific details of suit land...........
Agreement to sell -- Specific performance - No decree of specific performance, whatsoever, can be granted merely on the basis of admission by defendant with regard to existence of agreement to sell as well as receipt of earnest money in the absence of cogent and specific evidence led on record by plaintiff that he was ready and willing to perform his part in terms of..........
Agreement to sell -- Specific performance - Readiness and willingness - Nothing on record suggestive of fact that plaintiff ever expressed his readiness and willingness to defendant with regard to execution of sale deed after payment of balance amount of consideration - Save and except bald statement that plaintiff repeatedly asked defendant to get sale deed executed there..........
Transfer of Property Act, 1882, Section 54, 8 -- Transfer of ownership - Registered sale deed - Incorrect description of structure standing on land - Does not vitiate sale, if boundaries are given and they are definite, land that is conveyed is the land situated within those specific boundaries along with structure standing on it - If vendor had no intention to sell some..........
Indian Penal Code, 1860, Section 307, 148, 149, Arms Act, 1959, Section 25 -- Attempt to murder - Property dispute - Allegations against wives of accused - Appellants were merely by-standers - No specific role assigned to appellants while specific role was assigned to two co-accused - Medical evidence also does not corroborate the subsequent allegations made by victim..........
Indian Penal Code, 1860, Section 325, 149 -- Offence u/s 325, 149 IPC - Reduction of sentence - Genesis of occurrence was on account of a dispute between parties over a right to have a drain in a passage - Victim suffered sole head injury caused by lathi - No specific role assigned to any of five accused - Prosecution failed to pinpoint the accused who caused head injury..........
Indian Penal Code, 1860, Section 364A, 368, 344, 392, 120B -- Kidnapping for ransom - Wrongful restraint - Criminal conspiracy - Accused `D' has not been identified by victim in Court on more than one occasion - Victim in his cross-examination after seeing accused `D' only stated that "Aisa sa hi tha" - It is not the case of victim that his eyes were closed for the period..........
Civil Procedure Code, 1908, Order 14, Rule 1, Civil Procedure Code, 1908, Order 8, Rule 5 -- Non-framing of an issue - Evasive denial in written statement - In absence of specific denial, Court is not required to frame specific issue on that point...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for specific performance - Question regarding whether defendant executed the registered deed of contract of sale of his property in favour of plaintiff after receiving advance consideration or not, is not a question of law but a question of fact and that could be decided on the basis of evidences adduced, as..........
