Agreement to sell -- Suit for specific performance - Without seeking relief of cancellation of sale deed executed by vendor in favour of subsequent purchaser - It is not always obligatory for vendee/plaintiff to seek cancellation of sale deed executed in favour of subsequent buyer - However, plaintiff can join such buyer as co-defendant with original vendor provided that..........
Agreement to sell -- Suit for specific performance - Without seeking relief of cancellation of sale deed executed by vendor in favour of subsequent purchaser - Where subsequent purchaser in paying the money lacked in good faith and purchased the subject property despite knowledge of original contract, there is no need for plaintiff to seek cancellation of sale deed in..........
Specific Relief Act, 1963, Section 37, 38 -- Suit for permanent injunction - Maintainability - Once plaintiff has failed to get any substantive relief of cancellation of sale deed and declaration relief, then consequential relief of permanent injunction must fail and plaintiff is not entitled to any permanent injunction against true owner...........
Auction sale -- Provisional acceptance of highest bid subject to confirmation by Competent Authority which was not confirmed after recording due satisfaction - Highest bidder has no vested right to have auction concluded in his favour - Cancellation order by Competent Authority was scrutinized/examined by Appellate/Revisional authority and same was upheld - High Court was..........
Service -- Cancellation of appointment on the ground of criminal charge of forgery - When the appellant was never at fault and no one has afforded him a reasonable opportunity and also failed to consider that the appellant was a juvenile on the date when the complaint was made - These peculiar facts were not noticed by the authority while exercising its judicious..........
Specific Relief Act, 1963, Section 31 -- Cancellation of a document - Can be sought by one who is a party to such written instrument - A person not a party to written instrument, cannot seek relief to cancel such written instrument on the ground that it is void or voidable - However, nothing prevents such person seeking declaratory relief as to legal character of right..........
Limitation Act, 1963, Article 58 -- Limitation - Suit for declaration that cancellation of gift deed is not legal - Wife was not party to cancellation of gift deed executed by husband - She is thus, not bound by such deed - Wife sought both declaration of title over property and cancellation of cancellation deed - Limitation is applicable u/art 58 of the Act which..........
Limitation Act, 1963, Article 58 -- Limitation - Right to sue - Suit for declaration that cancellation of gift deed is not legal - Plaintiff needs to have actual or perceived threat to character of his right to reckon limitation - Mere challenge to title is not sufficient to hold that right to sue accrued on the date of challenge...........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Unilateral cancellation of gift deed by husband - Validity of gift deed executed by husband in favour of wife not disputed by husband - In the absence of any right of revocation of deed in the deed itself, unilateral execution of cancellation deed is bad in law and unsustainable...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Mere fact that there is no change of circumstances after dismissal of earlier bail application and third bail application is granted in favour of accused, by itself is not sufficient to cancel bail that is granted to accused, particularly when 48 witnesses has been examined and there is no material..........
