Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Suit for specific performance - Execution of agreement to sell, payment of earnest money and fixing of date of execution of sale deed admitted - It was the positive case of plaintiffs that they had remained present in the office of Sub-Registrar for execution of sale deed but defendant did not turn up..........
Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Non-payment of balance sale consideration within time period fixed by Trial Court does not amount to abandonment of contract and consequent rescinding of same - Real test must be to see if conduct of plaintiff will amount to a positive refusal to complete his part of contract...........
Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Extension of time to deposit balance sale consideration - Power to extend time granted in decree for performance of its conditions can be extended on such terms as Court may deem fit - However, non-grant of extension of time cannot be the end of transaction...........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Decree for specific performance - Issuance of possession warrant - Relief of possession is in built in decree for specific performance of contract - Executing Court has not travelled beyond decree by issuing possession warrant...........
Indian Penal Code, 1860, Section 498A, 332, 504, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Allegations against parents of husband - Vague and omnibus allegations levelled against appellants - No specific instance or occasion detailed with particulars wherein appellants demanded dowry from wife and on refusal of same subjected her to mental..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Absence of vehicle registration number in FIR or complaint lodged immediately after accident is not by itself fatal to claim, as FIR is not an encyclopedia and omissions at the initial stage may not be determinative - However, claimants must establish specific identity of vehicle/driver with caveat that..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Suit land is joint in nature and partition has not yet taken place - Defendant No.2 admitted the case of plaintiff and defendant No.1 stated that agreement is a forged and fabricated document - In respect of contradictory site plans, same is a matter of evidence and..........
Specific Relief Act, 1963, Section 28 -- Scope - Operation of S.28 of the Act ceases after execution of sale deed...........
Specific Relief Act, 1963, Section 28 -- Rescission of contract - Relief of rescission of contract can be sought by a transferee pendente lite and while deciding such application, Court only decides antecedent rights - Fact that such right of rescission is sought after execution of sale deed in favour of original plaintiff is a fact fatal for the applicant...........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff seeking decree of specific performance is required to plead and prove his continuous readiness and willingness dehors objection raised by defendant...........
