Agreement to sell -- Specific performance - Ready and willing - Onus to establish readiness and willingness is on buyer and failure to establish the same disentitles buyer from equitable and discretionary relief of specific performance...........
Agreement to sell -- Specific performance - Existence of a valid agreement is sine qua non for grant of relief of specific performance...........
Agreement to sell -- Specific performance - Seller issued a letter cancelling agreement to sell prior to institution of suit - Suit for specific performance is not maintainable in absence of a prayer for declaratory relief that termination/cancellation of agreement is bad in law...........
Agreement to sell -- Specific performance - Suppression of material fact - Buyer failed to disclose in the plaint that seller had issued cancellation letter enclosing therewith demand drafts and two of three post-dated cheques - Failure of buyer to disclose the same in her plaint amounts to suppression of material fact, disentitling her from discretionary relief of..........
Agreement to sell -- Specific performance - Suppression of material fact - Disentitles plaintiff from discretionary relief of specific performance...........
Specific Relief Act, 1963, Section 19(b) -- Bona fide purchaser for valid consideration - Encumbrance certificate not obtained - Cannot be held to be bona fide purchaser...........
Civil Procedure Code, 1908, Order 8, Rule 5 -- Written statement - Specific denial - In the absence of any specific denial in the written statement, contents of plaint would be deemed to be admitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(B), Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Contraband - Contraband involved consists of 13.288 kilograms of ganja, which is classified as non-commercial quantity - Specific allegations against petitioner were made by co-accused in their confessional..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Marriage can only be dissolved on specific grounds and not on unsubstantiated allegations...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Registered partition deed was acted upon, which is admitted by defendant - However, defendant failed to prove that partition deed and both the sale deeds have been forged - Suit rightly decreed in favour of plaintiff...........
