Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 313, 376 -- Cancellation of bail - Offence u/ss 313, 376 IPC - Bail granted solely on the plea of community service - Granting of bail on said plea is completely unwarranted - Bail order quashed...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Criminal case registered against defendant in which he was arrested - Matter was settled, MOU was executed and defendant was granted conditional bail - However, defendant did not comply with the terms and conditions of MOU executed before the Court - Plaintiffs were within their right to..........
Transfer of Property Act, 1882, Section 5, 8, 10, 11, 55, Indian Contract Act, 1872, Section 23 -- Not completing construction within stipulated period - Condition mentioned in allotment letter - No such condition stipulated in sale deed - Corporation thus, had no right to insist cancellation of plots or demand of payment on the basis of conditions mentioned in allotment..........
Transfer of Property Act, 1882, Section 55 -- Sale - Cancellation - When buyer discharges obligations and seller passes/conveys ownership of property, contract is concluded - Thereafter, liabilities, obligations and rights, if any, between buyer and seller would be governed by other provisions of Contract Act and Specific Relief Act on execution of sale deed - Seller..........
Service -- Selection - Cancellation - Complaints of malpractices and irregularities in conduct of examinations as well as interviews - 566 candidates awarded exactly same marks by all members who interviewed them - No Objective assessment by individual members - Digital video recorder in building where selection process held replaced to destroy evidence - Decision of..........
Limitation Act, 1963, Article 58 -- Limitation - Suit for cancellation of gift deed - Suit filed after lapse of more than 21 years - Cancellation of gift deed or any other declaration has to be made within three years when right to sue first accrues as per Art.58 of the Act - Suit is barred by limitation...........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Validity - No pleading of fraud or collusion - Plaintiff challenged legality of gift deed solely on ground that there was no consideration of love and affection between herself and defendant - She even not challenged the revenue entries made in favour of defendant on the basis of registered gift deed - Plaintiff..........
Civil Procedure Code, 1908, Order 15, Rule 5(As -- Striking off defence - Default in payment of rent - Plaintiffs are husband and wife who jointly purchased disputed shop and inducted defendants as tenant - Arrears of rent not paid by defendants, as they claimed that plaintiff no.2 sold half of suit property to defendant no.2 - Sale deed regarding purchase of half share of..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 420, 467, 468, 471, 448 -- Cancellation of bail - Cheating - Property dispute - Dispute between parties is of civil in nature, as civil proceeding pending in Civil Court - Accused are in possession of property in dispute and they got injunction order by competent Court in their favour -..........
Court Fees Act, 1870, Section 7(iv)(c) -- Ad valorem Court fee - Suit for cancellation of sale deed and declaration - Plaintiffs were executants of sale deed and were party to said sale deed - They are thus, bound to pay ad valorem Court fee u/s 7(iv)(c) of the Act...........
