Agreement to sell -- Specific performance - Readiness and willingness - Letters issued by plaintiff to defendant calling upon him to come forward and execute sale deed, receipt of which admitted by defendant, flinchingly proved his readiness and willingness - Neither defendant came forward to execute sale deed nor issued suitable reply explaining his inability to execute..........
Agreement to sell -- Specific performance - Plaintiff paid 80% of entire sale consideration to defendants and were ready to pay remaining sale consideration - Even, plaintiffs presented themselves in the office of Sub-Registrar for getting sale deed registered and executed - Plaintiffs were indeed ready and willing to perform their part of agreement to sell - Suit rightly..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Accused has undergone 12 years of actual incarceration and still bail denied to him - It is appropriate to call a report from Registrar of Lucknow Bench of position of non-availability of a Bench as also how many applications are pending consideration of bail where appeal is pending consideration and person incarceration..........
Public trust -- Sale of trust property - Prior sanction - Decision of trust based on realistic assessment - Most crucially the properties were valued and proposed to be sold by public tender - Disregarding all this disclosed transparency, Registrar on the basis of her subjective notion of what constituted best of the trust, could not have rejected the application - High..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 409, 420, 465, 466, 467, 468, 471, 477A, 120B -- Anticipatory bail - Recovery of marriage registration certificate - Such certificate can be obtained from the Registrar - Recovery or non recovery of the original marriage certificate not a ground to deny concession of bail - Ad interim pre arrest..........
Stamp Act, 1899, Section 47A -- (as amended by State of UP) - Deficient stamp duty - Sale deed - Show cause notice issued to petitioner erroneous and lacking in material particulars - Date of sale deed mentioned in notice is in complete variance to sale deed in question - Even, ex parte report of Sub-Registrar cannot be relied upon by authority concerned for ascertaining..........
Registration Act, 1908, Section 71 -- Registration of document - District Sub-Registrar on presentation of document before him, cannot keep the same pending without any reason - If he refuses to register a document, he is required to pass an order of refusal by recording his reasons for the same with an endorsement on the document that registration has been refused -..........
Agreement to sell -- Specific performance - Readiness and willingness - While proving readiness and willingness plaintiff is not required to make any averment that plaintiff required executant of agreement to sell to attend the office of Sub-Registrar to execute sale deed within time agreed...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Plea of accused that accused had resigned as director on 10.10.2014 - Form No.DIR-12 (Appointment or Resignation) was filed with Registrar of Companies on 13.08.2015 - Whereas, cheque were dishonoured on 06.07.2015 and notice was..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Ignorance of nature of document on which signatures were obtained - Elder brother came to the help of younger brother, discharging his debtors and executing a sale deed - Such ignorance is not an instance of misrepresentation or a fraud in the facts of the case which would vitiate a sale deed executed and registered..........
