Agreement to sell -- Specific performance - Plaintiffs paid more than 95% of sale consideration well within time - Sale agreement was executed by defendant Nos. 2 to 4 in favour of plaintiffs well prior to cancellation of power deed in their favour - Hence, there is no need to go into the question of validity of cancellation of power deed - Pre-suit notice was issued..........
Limitation Act, 1963, Article 59 -- Limitation - Suit for declaration that sale deed in question is null and void - Plaintiff had never executed sale deed in first place as it was proved that it was not her thumb impression that was affixed therein - She had not received sale consideration - In such circumstances and in absence of sale consideration being tendered, sale..........
Arms Act, 1959, Section 17(3) -- Cancellation of fire arms license - Mere pendency of criminal cases is not sufficient ground to cancel the firearm license...........
Arms Act, 1959, Section 17(3) -- Cancellation of fire arms license - Mere existence of enmity between a licensee and another person would not establish the "necessary" connection with security of public peace or public safety to cancel the firearm licence of petitioner - There should be some evidence of provocative utterances of licensee or of his suspicious movements or..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528, 483(3) -- Quashing of order of cancellation of bail - Petitioner had not willfully absented himself to hamper the trial - Rather, instead of cancelling bail on account of his non-appearance, Court ought to have exempted his personal appearance with a direction to appear on the next date when case was adjourned for..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528, 483(3) -- Quashing of order of cancellation of bail - Mere fact that petitioner had sought exemption on three dates out of six dates of hearing, it cannot be inferred that he had willfully absented himself or was hampering the trial - Bail could have been cancelled only after recording a satisfaction that petitioner..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3) -- Cancellation of bail - Presence of informant or any person authorized by him is obligatory at the time of hearing of bail application in sexual offences involving rape of minors as per S.483(2) BNSS...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3) -- Cancellation of bail - Informant/victim was not notified about bail application - There is factually a denial of right to victim to participate in proceedings which is recognized u/s 483(2) BNSS - Order granting bail suspended for three weeks - Opposite party no.2 is directed to surrender before trial Court and..........
Court Fees Act, 1870, Section 7(iv)(c), 7(v) -- Ad valorem Court fee - Suit for declaration and cancellation of transfer deed - Non-executant - Plaintiff was not executant of transfer deed in question and he has also claimed relief of possession - Ad valorem Court fee would be payable in terms of provisions of Ss.7(iv)(c) and S.7(v) of the Act and not in terms of market..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of civil Court jurisdiction - Suit for cancellation of preliminary and final decree passed by Assistant Collector - Plaintiffs had a remedy to challenge said decree before Revenue Appellate Authority - However, instead of filing a appeal, they filed a suit regarding revenue land before civil Court -..........
