Specific Relief Act, 1963, Section 28(1) -- Extension of time - Deposit of balance sale consideration - Suit for specific performance decreed in favour of purchaser with direction to deposit the balance sale amount within one month failing which suit would be deemed to be dismissed - Purchaser failed to deposit the amount within the said period and further two months time..........
Information Technology Act, 2000, Section 66A -- Sending offensive messages through electronic media - S.66-A of Act struck down in its entirety on following grounds: (i) It is violative of Art.19(1)(a) of Constitution and not saved U/Art.19(2) of Constitution; (ii) It is arbitrary, excessively and disproportionately invades the right of free speech guaranteed u/art 19 of..........
Agreement to sell -- Specific performance - Agreement was executed 27 years ago - Time for performance of agreement was extended again and again for 8 years by plaintiffs but they failed to pay balance sale consideration and get the sale deed executed - In view of passage of time and escalation of value of property, grant of relief of specific performance would give an..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Merely by tying cattle-heads or making hutments, plaintiff would not get any right, title or interest in suit land which apparently belongs to Municipal Committee - Plaintiffs are merely encroachers on suit land without having any right, title or interest therein - Balance of convenience lies in..........
Indian Medical Council Act, 1956, Section 10A -- Medical Education - Unauthorised admission to colleges - In instant case medical college admitted students in defiance of order of MH&FW under which colleges which are not constituent of deemed university cannot take admission - Subsequently, college was made constituent of deemed university thereby making admissions..........
Agreement to sell -- Specific performance - Readiness and willingness - Registered agreement between parties proved on record - Moreover, institution of suit for specific performance of contract offering to pay balance consideration to defendants for getting valid deed of sale is itself indicative of the fact that plaintiff is always ready and willing to perform his part..........
Agreement to sell -- Specific performance - Payment of balance sale consideration at the time of registration of agreement - No such stipulation in the agreement - Contention thus is hit by S.92 of Evidence Act, inasmuch as, oral evidence cannot override to the registered written agreement - Suit rightly decreed in favour of plaintiff. (Evidence Act, 1872, S.92)...........
Hindu Marriage Act, 1955, Section 13B(1) -- Divorce by mutual consent - Parties came to an amicable settlement during pendency of appeal filed against dismissal of petition u/s 482 Cr.P.C. for quashing criminal proceeding initiated by wife - An amount of Rs.15/- lacs was agreed to be paid by husband to wife towards alimony, maintenance (Past, present and future) - Rs.5..........
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 19, Constitution of India, 1950, Article 226 -- Recovery of debt - Restraint against recovery proceedings - DRAT was made aware about pendency of Civil suit where a direction to maintain status quo in respect of suit property was ordered at initial stage - Court held in favour of petitioner and..........
Civil Procedure Code, 1908, Order 37, Rule 4 -- Summary suit - Ex-parte decree - Setting aside - Cannot be allowed in routine - Special circumstances are required to be established - Special circumstances has to be construed having regard to individual fact situations - Court has to balance the equities and while safeguarding interest of plaintiff, appropriate conditions..........
