Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff failed to prove his readiness and willingness to perform his part of the contract by adducing oral evidence on record - Relief of specific performance , denied - However, on considering the provision of S.22 of Specific Relief Act, alternative relief of refund of advance amount of Rs.20,000..........
Civil Procedure Code, 1908, Order 18, Rule 3A -- Party as its own witness - If a party wants to examine himself after examination of other witnesses, Court will frown upon it and before permitting to examine him, will see that there exists valid reason for doing so - Even oral request of a party may be considered for this purpose...........
Service -- Major penalty - No oral evidence whatsoever was recorded by department in support of the charges - Hence, inquiry proceedings conducted against appellant pertaining to charges punishable with major penalty were totally vitiated and non-est in the eyes of law - Order imposing penalty set aside - Appellant thus, entitled to all consequential benefits...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - If I.O. after filing the final report, obtains further oral or documentary evidence then only direction for further investigation can be passed - It is continuation of previous investigation...........
Stamp Act, 1899, Section 2(15) -- Partition deed - Parties on an oral family settlement not only divided their shares but also taken possession of their respective shares by metes and bounds, then at the time of reducing writing the memorandum of settlement they ceased to be co-owners - Memorandum of settlement held, not treated as instrument which requires stamp duty as..........
Evidence Act, 1872, Section 92 -- Oral evidence to contradict the contents of document - Agreement to sell - Defendant contended that consideration was Rs.60 lakhs - However, agreement of sale states that total sale consideration was Rs.19,25,000 - It is inconsistent with the terms of the agreement - Contention of defendant rejected...........
Transfer of Property Act, 1882, Section 106 -- Notice - Termination of lease - Lease agreement executed between parties in respect of portion of tenanted premises which categorically stated that lease was a month to month lease - Subsequently, further portion of property was given on lease under oral agreement - Neither there is any pleading nor any evidence that terms of..........
Evidence Act, 1872, Section 3, Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleading & Proof - Every fact pleaded has to be proved, either by oral or documentary evidence, to substantiate the same - Bald averment or mere statement by a party bereft of evidentiary material to back up such averment/statement takes a party's case nowhere...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Determination of percentage of disability - Disability certificate issued by doctor shows that appellant suffered 50% permanent disablement and said doctor was also examined as PW2 - However, Tribunal after considering all oral and documentary evidence has taken the disability of appellant only as 25% and..........
Evidence Act, 1872, Section 17, 58 -- Proviso - Oral admission - Joint property - Oral admission as to possession of plaintiff over suit property is not sufficient evidence to infer partition of suit property - Proof of partition is necessary as per S.58 Proviso of Evidence Act - Said admission is not sufficient evidence of partition...........
