Agreement to sell -- Decree of specific performance - Review - Plea for review of decree on account of appreciation of value of suit property by passage of time - Plaintiff paid not only the entire sale consideration but also the registration expenses - No case is made out that sale deed could not be executed because of some lapses on part of plaintiff - On the contrary,..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Removing wall from blocked passage - Existence of passage proved and accepted - However easementary right of plaintiff over the same and its user as such not decided by both the Courts below - Further situation of passage in dispute has been decided without fixing identity of land in dispute by issuing survey..........
Easements Act, 1882, Section 33 -- Violation of easementary rights - Right of light and air - Plaintiff neither pleaded obstruction of free passage to natural light and air nor obstruction to any easementary right of light and air - Unless easementary rights to light and air are obstructed adjacent owner has a right to put up his own wall at boundary or his property -..........
Probation of Offenders Act, 1958, Section 4(1), Indian Penal Code, 1860, Section 323, 325, 34 -- Benefit of probation - Offence u/ss 323, 325, 34 IPC - Property dispute between parties - Petitioners have no criminal history - Even during period of bail, petitioners not misused said liberty - Incident occurred in 1982 - Passage of time may not mitigate rigour of their..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 20 -- Illegal gratification - Reduction of sentence - Accused convicted and sentenced to 2 years of imprisonment - Occurrence was of the year 1991 that is about 27 years ago - Considering the passage of time, it is appropriate to reduce the sentence of imprisonment of 2 years to 1 year...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants and their men, agents, associates from causing any obstruction/disturbances or interference in free ingress and egress of plaintiff and their vehicles in suit property - Disputed gate and passage over which plaintiff is claiming some reliefs are neither mentioned in pleadings..........
Service -- Border Security Force - Post of Second-i, Command and Commandant - Retrospective promotion - Any direction to consider retrospective promotion of employees at belated passage of time of over 17 to 20 years, would result in administrative chaos quite apart from financial implications for Government - Such direction of High Court set aside...........
Motor Vehicles Act, 1988, Section 168, 173 -- Compensation - Enhancement - Future prospects - In the instant case, deceased being 34 years of age at time of death, so there are chances of due promotion with passage of time - Therefore, 50% addition is made towards future prospects - Compensation enhanced...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - All amendments be allowed which satisfies the two conditions, viz. (i) it should not be unjust and result in prejudice against the opposite party and it could not be compensated in terms of cost or would deprive the opposite party for a valuable right which has accrued to him with the passage of time;..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Charas - Recovery of 1.50 kg - Tampering of contraband - Reduction in weight of charas of 8.5 gm - It is evident from FSL report and CRCL report, that there is nothing on record to suggest that there is tampering of contraband recovered from accused - Thus, discrepancy in weight of contraband has..........
