Specific Relief Act, 1963, Section 19(b) -- Bona fide purchasers - Suit for specific performance - Onus is on subsequent purchaser to prove that he purchased the property in good faith and also bona fide purchaser for value...........
Specific Relief Act, 1963, Section 19(b), General Clauses Act, 1897, Section 3(2), Bharatiya Nyaya Sanhita, 2023, Section 2(11) -- Subsequent purchaser - Good faith - In order to come to a conclusion that an act was done in good faith it must have been done with due care and attention and there should not be any negligence or dishonesty - Each aspect is a complement to the..........
Practice and Procedure -- Merely quoting a judgment does not fulfill or serve the purpose in a legal argument, applying case law is to discuss how principles or reasoning in the cited judgment are relevant to specific facts of current case...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment only seeks to rectify a clerical error in the description of property boundaries in the plaint schedule by interchanging the southern boundary with the northern boundary - Amendment is merely sought to correct a clerical mistake in the boundary description and does not alter the substance of..........
Indian Penal Code, 1860, Section 302, 341, 147, 148, Arms Act, 1959, Section 25, 27 -- Murder - Prosecution case is that only co-accused `G' has fired at the deceased - Respondents have been attributed no specific injury whatsoever - Allegations of having caught hold of deceased or raising of lalkaras are easy to level and are usually done so as to knit a wider net to..........
Specific Relief Act, 1963, Section 6 -- Suit for recovery of possession - In a suit u/s 6 of the Act, title for ownership in regard to property in question is not to be adjudicated...........
Specific Relief Act, 1963, Section 6 -- Suit for recovery of possession - In the suit only two issues are to be decided viz. whether plaintiff was in possession of suit property and whether plaintiff was dispossessed from the property in question by force without adopting due course of law...........
Specific Relief Act, 1963, Section 6, Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party in a suit for recovery of possession u/s 6 of Specific Relief Act - Petitioner claiming himself to be co-sharer of the property in question and claiming to be in joint possession and joint ownership of property - This plea is not tenable taking into consideration..........
Sarpanch -- Removal from office - Bald allegations against appellant accepted without scrutiny and she was also denied the fundamental opportunity to be heard when proceedings commenced at the District Administration level - Holding the Sarpanch solely accountable for delays, without evidence of her failing in allocating work or performing a duty specific to her elected..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Specific allegations of husband that he was beaten by wife and he sustained injuries on 29.5.2016 - However, though number of cases have been lodged by husband against his wife but husband has not lodged any complaint/F.I.R. in regard to the incident alleged to have been occurred on..........
