Civil Procedure Code, 1908, Section 47, Order 21, Rule 54 -- Execution - Objections - Attachment of property - Agreement to sell executed in favour of DH during the pendency of suit for specific performance filed by petitioner - Same is thus, governed by principle of lis pendens - Petitioner has a prior/preferential right over the property as agreement to sell in his..........
Agreement to sell -- Specific performance - Readiness and willingness - Evidence by Power of attorney holder - Plaintiff cannot examine in his place, his attorney holder who did not have personal knowledge either of the transaction or of his readiness and willingness...........
Agreement to sell -- Specific performance - Readiness and willingness - Evidence by Power of attorney holder - Plaintiff cannot examine in his place, his attorney holder who did not have personal knowledge either of the transaction or of his readiness and willingness...........
Agreement to sell -- Specific performance - Agreement with only one of the co-owners - Suit filed on the last day of limitation inspite of having knowledge of sale deed executed in favour of defendant Nos.12 to 14 - Suit having been preferred after a long delay, plaintiff is not entitled for specific performance - Dismissal of suit by High Court, upheld...........
Agreement to sell -- Specific performance - Agreement with only one of the co-owners - Suit filed on the last day of limitation inspite of having knowledge of sale deed executed in favour of defendant Nos.12 to 14 - Suit having been preferred after a long delay, plaintiff is not entitled for specific performance - Dismissal of suit by High Court, upheld...........
Indian Penal Code, 1860, Section 498A, 506, 34 -- Offence u/ss 498-A, 506, 34 IPC - Plea of divorce by agreement - A Notary cannot grant divorce by executing the agreement of separation - As agreement of separation has no sanctity in the eye of law, therefore, it cannot be said that any divorce has taken place between the parties - Even otherwise, if any divorce has taken..........
Indian Penal Code, 1860, Section 498A, 506, 34, Indian Contract Act, 1872, Section 28 -- Offence u/ss 498-A, 506, 34 IPC - Plea of divorce by agreement - Parties are not Muslim by religion, therefore there cannot be any divorce by mutual consent without approaching Court - Any contract which prohibits a party from taking legal action is a void contract...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Settlement before Mediator - As per settlement husband has withdrawn his matrimonial case and also paid a significant amount to wife - Wife thereafter resiled from the agreement - Marriage has broken down irrevocably - Marriage between parties dissolved...........
Bihar and Orissa Government Estate Manual, 1919, Rule 15, 28(5) -- Resumption of land - State did not bring any material on record to show that there was any specific public purpose for which land was required as provided in Bihar and Orissa Government Estate Manual - Resumption case was initiated due to breach of conditions of Manual and conditions of lease agreement and..........
Agreement to sell -- Specific performance - Plaintiffs have proved due execution of agreement to sell - Defendants on the other hand could not probablize their defence that agreement to sell was loan document and not the agreement to sell - Defendant nos. 2 and 4 have taken self contradictory stand in their written statement - Loan transaction as alleged by defendant not..........
