Specific Relief Act, 1963, Section 34 -- Suit for declaration and possession - Auction sale - Purchaser at auction obtains such rights as are vested in vendor at the time of sale - Where, at the time of sale a portion of land is in public use or is under physical control of State agencies, auction cannot confer upon a purchaser better rights than those enjoyed by vendor -..........
Provincial Insolvency Act, 1920, Section 37 -- S.37 proceedings cannot partake the character of a Civil court deciding a suit for specific performance of an agreement...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Cannot be established without specific instances...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Mere general allegations of harassment without pointing out specific details would not be sufficient to continue criminal proceedings against any person...........
Indian Penal Code, 1860, Section 498A -- Cruelty - In cases involving allegations of cruelty and harassment, there would normally be a series of offending acts, which would be required to be spelt out by the complainant against perpetrators in specific terms to initiate criminal proceedings against them...........
Indian Penal Code, 1860, Section 498A, 323, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Allegation against brother-in-law - Vague and omnibus allegations were made against appellant - No specific details or any particular instance of harassment is provided by complainant - She has also not mentioned the time, date, place, or manner in which..........
Practice and Procedure -- There exists no provision under CPC which empowers Court to treat previously deposited or retained sums as a form of guarantee for validating a sale - CPC prescribes specific and exhaustive modes conducting Court sales, and such sales must strictly conform to those statutory procedures - Any deviation, however well-intentioned, cannot substitute..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance - Petitioner has sought amendment to bring on record certain particulars regarding transactions which is subject matter of suit - Proposed amendment are certain events that took place during pendency of suit - Truthfulness of contentions of proposed amendment need not be..........
Agreement to sell -- Specific performance - Plaintiffs paid more than 95% of sale consideration well within time - Sale agreement was executed by defendant Nos. 2 to 4 in favour of plaintiffs well prior to cancellation of power deed in their favour - Hence, there is no need to go into the question of validity of cancellation of power deed - Pre-suit notice was issued..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Encroachment - Plaintiff failed to make out prima facie case that he has exclusive title over disputed portion - When there is a dispute over title of property by rival parties, plaintiff ought to have amended suit including prayer for declaration of title - Since plaintiff failed to do so, he is not entitled..........
