Agreement to sell -- Specific performance - Ready and willing - Mere presence of plaintiff before Sub Registrar may lead Court to infer willingness of plaintiff but it does not prove his readiness - In order to prove his readiness, plaintiff was required to prove that he possessed financial competency on appointed date i.e., to perform his part - Ingredients of S.16(c) of..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3) -- Cancellation of bail - Long delay in framing of charges - Withholding of framing of charges for a long time is absolutely unacceptable - There is apparent slackness on the part of prosecution to assist Court for ensuring that charges are framed - Additional District and Sessions Judge, directed to submit a report..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Allegation that jeep in which five persons sitting dashed against bicycle driven by complainant and his son, resulting in injuries both to complainant and his son - However, deposition of complainant and PWs 1 and 2 was only to extent of sole accused arrayed in charge sheet having driven the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought only to supply detail to facts that were already part of foundational pleadings and record - It does not alter the nature of suit - Plaintiff is yet to be cross-examined and defendants will have full opportunity to rebut amended pleadings - Application allowed subject to payment of costs..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Abandonment of part of claim - Partition suit - Plaintiff admitted in plaint that item-II of suit property is a joint family property - He cannot now turn around and say that he has no intention to include said property and has no intention to proceed with the same - Affidavit is silent for what reasons plaintiff intends to..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint cannot be rejected in part...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Execution - Auction sale - Setting aside - JD failed to raise a material irregularity in the context of O.21.R.66(2)(a) CPC at the appropriate stage, i.e., with regard to sale of a part of property being sufficient to satisfy decree - It is not open to JD to now raise such a belated plea and blithely place burden on the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - So long as an act or omission on the part of drawer of cheque is intended to prevent cheque being honoured, dishonour would become an offence u/s 138 of the Act...........
Indian Penal Code, 1860, Section 306, 386, 506, 34 -- Abetment of suicide - Alleged suicide note which forms sole basis of prosecution is itself disputed and its genuineness remains unsubstantiated - Even, it does not contain any proximate or specific act on the part of petitioners amounting to abetment - There is no cogent evidence of any instigation, intentional aid or..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 22 -- Condonation of delay - Delay in filing application for substitution - There cannot be a deliberate delay on the part of plaintiff in filing substitution application - In delay condonation application, it has been stated that Pairokar of plaintiff went out of station who was power of attorney holder on..........
