Agreement to sell -- Specific performance - Suppression of material fact - Buyer failed to disclose in the plaint that seller had issued cancellation letter enclosing therewith demand drafts and two of three post-dated cheques - Failure of buyer to disclose the same in her plaint amounts to suppression of material fact, disentitling her from discretionary relief of..........
Criminal Procedure Code, 1973, Section 439(2), 438 -- Cancellation of anticipatory bail - Mere allegations unsupported by substantive proof, cannot form the basis for cancellation of bail, as power to cancel bail must be exercised sparingly and only in cases of clear misuse or violation of conditions imposed at the time of grant of bail...........
Criminal Procedure Code, 1973, Section 439(2), 438 -- Cancellation of anticipatory bail - Petitioner has failed to produce any cogent material to demonstrate that respondents have acted in contravention of conditions imposed while granting anticipatory bail - Reply filed by State categorically negates the allegations of breach of undertaking or any misconduct on the part..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Property of father - Eviction of son - Merely because property belongs to senior citizen, it is not necessary or mandatory to pass an order of eviction in every case, particularly when claim of son regarding 1/6th share and cancellation of gifts and sale deeds is pending adjudication before..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3), 75 -- Cancellation of bail and issuance of non bailable warrants due to inadvertent appearance of accused on one date - This amounts to an unjustifiable restriction on the procedural rights of the petitioner in the absence of any misconduct, lack of `bonafides', or a deliberate attempt to evade proceedings on his..........
Registered document -- Cancellation - On the ground that executant was not of stable mind - Held, this is not a ground for cancellation of a duly registered document...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Suit for cancellation of sale deed - Mere ground or averment in the plaint that executant of a registered document was not of stable mind, cannot be a ground for cancellation of a duly registered document - No prima facie case and balance of convenience is in favour of plaintiff -..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Registration of second crime ipso facto need not result in cancellation of bail...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - While considering a plea for cancellation of bail on the ground that accused violated bail condition by involving in another crime, his involvement in other crimes on prior occasions may not be a criterion...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Not limited to supervening events or events which take place after grant of bail...........
