Agreement to sell -- Suit for specific performance - Relief of - Suit filed after two years of the date of performance - Absence of any pleading and proof as to hardship - Relief of specific performance cannot be denied merely for the reason that suit is filed after two years of the date of performance. (Specific Relief Act, 1963, S.20)...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Second marriage during subsistence of first marriage - Fact of subsistence of first marriage brought to the notice of the petitioner before her marriage must be pleaded and proved - Plea not available in absence of pleading and proof...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Second marriage during subsistence of first marriage - Such fact must be pleaded - Proof beyond pleading not permissible - Husband to prove that his marriage with the alleged first wife was strictly in accordance with the religious rituals and that at the time of his marriage with the petitioner, the first wife..........
Indian Penal Code, 1860, Section 96, Evidence Act, 1872, Section 105 -- Private defence - Right of - Is to be determined on the facts and circumstances of each case - All surrounding circumstances must be considered - Pleading of right of private defence is not necessary - Burden of proof is on accused - Proof of it can be by adducing evidence or by eliciting necessary..........
Criminal Procedure Code, 1973, Section 125, Muslim Women (Protection of Rights on Divorce) Act, 1986 -- Maintenance - Husband pleading divorce and that claimant is not his wife - Certificate of divorce issued by Sardar Quazi and a legal notice issued - Neither legal notice nor certificate testimony of divorce in the absence of proof of the act of divorce having been..........
Specific Relief Act, 1963, Section 20 -- Specific performance - Denial of relief of specific performance - Relief of specific performance can be denied in case there is pleading and proof by defendant that contract falls under any of the circumstances enumerated under sub-section (2) of S.20 of the Act - Another factor required to be looked into while considering S.20 of..........
Agreement to sell -- Ready and willing - Proof - Specific pleading supported by statement on oath - Suit for specific performance filed within two months of date fixed for execution of sale deed - Prior thereto suit for injunction filed as defendant intended to sell the property in violation of agreement - It is enough proof to show that plaintiff was ready and wiling to..........
Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 16(c) -- Second - Suit for specific performance - Ready and willing - Lack of pleading and proof - Trial Court and Ist Appellate Court dismissed suit - High Court in second appeal decreed suit - High Court did not discuss as to in what way requirement of S.16(c) SRA is fulfilled - No basic finding..........
Specific Relief Act, 1963, Section 16(c) -- Suit for specific performance - Ready and willing - In second appeal High Court reversed decree passed by trial Court and upheld by first Appellate Court on the premise that there is no pleading and proof of readiness and willingness and as regards non deposit of Rs.1500/- within one month of passing of decree as per direction of..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(a)(i) -- Non residential building - Bona fide requirement - Contradictions in pleading and proof - Pleading that climate of Ludhiana is not suitable but in evidence it was deposed that shift is on account of bad conditions in Punjab - Held, landlord has failed to prove bona fide requirement...........
