Agreement to sell -- Specific performance - Discretionary relief - First Appellate Court considered facts and circumstances and found that performance of contract would involve more hardship to defendant whereas its non performance would involve no such hardship to plaintiff and that specific performance would be inequitable for defendant - Such finding is not incorrect or..........
Agreement to sell -- Specific performance - Refund of earnest money - Relief of specific performance not granted - Keeping in view the enhancement of value of real estate and decline in value of currency, relief of refund of earnest money enhanced from Rs.40,000/- to Rs.1,00,000/- with interest...........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleading a party - Suit for specific performance - Doctrine of dominus litis - Plaintiff is dominus litis - Applicants cannot force plaintiff to litigate against them - Application dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11, Registration Act, 1908, Section 17(1A), 49, Transfer of Property Act, 1882, Section 53A, 54, Specific Relief Act, 1963, Section 15, 20, 21, 22 -- Rejection of plaint - Suit for specific performance - Unregistered agreement to sell - Application for rejection of plaint on the ground that suit for specific performance on the..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Necessary party - Suit for specific performance - Witness to the agreement is neither a necessary party nor a property party to the suit for specific performance...........
Indian Penal Code, 1860, Section 302, 498A, 34, Evidence Act, 1872, Section 32, 3 -- Dowry death - Dying declaration - Deceased sustained 90% burn injuries - Testimonies of father and mother of deceased do not repose confidence that any specific demand of dowry was made by appellant, brother-i, law of deceased or that he was responsible for torturing, beating or demanding..........
Indian Penal Code, 1860, Section 304(Part I) -- Culpable homicide - It is not necessary that death must be attributable to a particular specific injury - If death ensues as cumulative result of injuries caused conviction will follow...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Desertion by wife - Intention of husband to get rid of his wife and two children is glaring from the fact that he does not give a single specific instance of a date when he tried to reconcile his matrimonial home or when he went to her parents house to request them to return - More so, husband did not pay a single..........
Indian Penal Code, 1860, Section 498A, 323, 406, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Allegation against distinct relatives of husband of complainant - Omnibus allegations of demanding money and assault have been levelled against all persons named in complaint - No specific date and time has been given to said incident in the complaint - Only allegation..........
Agreement to sell -- Specific performance - Relief of - Suit filed a day before expiry of limitation - Discretion to grant relief cannot be refused to be exercised in view of the fact that reply of defendant is not only vague but evasive as readiness and willingness has not been denied. (Specific Relief Act, 1963, S.20)...........
