Agreement to sell -- Suit for specific performance - After agreement of sale a notification u/s 4(1) of Land Acquisition Act, 1894 issued - Vendor himself pleading that agreement stood frustrated - Enforcement of agreement for sale inequitable - However, vendor cannot forfeit the earnest money - Vendor liable to refund the advance amount...........
Adverse possession -- A person who claims adverse possession should show: (a) on what date he came into possession, (b) what was the nature of his possession, (c) whether the factum of possession was known to the other party, (d) how long his possession has continued, and (e) his possession was open and undisturbed - A person pleading adverse possession has no equities in..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Second marriage during subsistence of first marriage - Fact of subsistence of first marriage brought to the notice of the petitioner before her marriage must be pleaded and proved - Plea not available in absence of pleading and proof...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Second marriage during subsistence of first marriage - Such fact must be pleaded - Proof beyond pleading not permissible - Husband to prove that his marriage with the alleged first wife was strictly in accordance with the religious rituals and that at the time of his marriage with the petitioner, the first wife..........
Indian Penal Code, 1860, Section 96, Evidence Act, 1872, Section 105 -- Private defence - Right of - Is to be determined on the facts and circumstances of each case - All surrounding circumstances must be considered - Pleading of right of private defence is not necessary - Burden of proof is on accused - Proof of it can be by adducing evidence or by eliciting necessary..........
Criminal Procedure Code, 1973, Section 125, Muslim Women (Protection of Rights on Divorce) Act, 1986 -- Maintenance - Husband pleading divorce and that claimant is not his wife - Certificate of divorce issued by Sardar Quazi and a legal notice issued - Neither legal notice nor certificate testimony of divorce in the absence of proof of the act of divorce having been..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Plea of - Not available in absence of proper pleading...........
Punjab State Election Commission Act, 1994, Section 78 -- Pleading of material facts - Includes disclosure of all such information which if not rebutted will result in allowing the petition...........
Electrocution -- Death - Compensation - Death of agriculturist by coming into contact with guy wire which became charged with lethal electricity current due to snapping of wire of over head line - Negligence and using sub-standard wire not measuring upto prescribed strength commensurate with load that line was designed to carry - Deceased at the time of her death aged 30..........
Specific Relief Act, 1963, Section 16(c) -- Ready and willing - Lack of pleading - Provision does not require any specific phraseology - Compliance with the readiness and willingness has to be in spirit and substance and not in letter and form - Continuous readiness and willingness could be seen from the conduct of the plaintiff as a whole...........
