Criminal Procedure Code, 1973, Section 125 -- Right of handicap child to claim maintenance - Question arise as to whether mother subsequent to an agreement with husband can claim maintenance for her child - Held, be it father or mother, they cannot settle claim for minor/handicap child with respect to his maintenance - More so, agreement could not bind the child and he can..........
Consumer Protection Act, 1986, Section 25, 27 -- Execution of award - Insurance contract - Export of goods from India through shipment - Rate of exchange - There is specific clause in the agreement executed between parties i.e clause 17 which deals with rate of exchange - Insurer was required to pay insurance claim in accordance with said Clause which says that currency..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 504, 506 -- Cheating - Forgery - Quashing of proceedings - Breach of contract - It is nowhere stated in complaint that there was any intention on part of accused to cheat or defraud at inception of contract - It is admitted that pursuant to agreement, two installments were paid and thereafter subsequent installments were..........
Agreement to sell -- Specific performance - Readiness and willingness - Agreement between parties proved on record - Plaintiff present at Sub-Registrar's office for execution of sale deed, but defendant did not turn up - Defendants filed caveat petitions and executed a sale deed in favour of subsequent purchaser - Plaintiff thus, established that he made all efforts to..........
Agreement to sell -- Specific performance - Subsequent purchaser - Plea of bonafide purchaser - Subsequent purchaser only denied the agreement between vendors and plaintiff - No witness is examined on his behalf - Facts on record disclose that vendors made conscious efforts to ensure that plaintiff did not obtain an order of injunction against them by fling caveat -..........
Agreement to sell -- Scribe of agreement - There is no requirement that Scribe should have a valid licence for the purpose of scribing agreement - Even parties on their own can put terms and conditions with regard to sale and purchase of land...........
Agreement to sell -- Does not require registration. (Registration Act, 1908, S.17)...........
Agreement to sell -- Specific performance - Ready and willing - Plea is available to defendant only when he admits the agreement to sell. (Specific Relief Act, 1963, S.16(c)...........
Agreement to sell -- Specific performance - Arbitration clause - Dispute referred to arbitrator - Arbitral award ordering specific performance - Vendee failed to deposit the amount as required to pay as per arbitral award enforceable being a decree under CPC - Even no steps or attempt being made for such payment showing bona fides - Relief of specific performance, held,..........
Revenue record -- Proof of tenancy on the basis of revenue entries - Revenue record carries presumption of truth - However, such presumption is rebuttable presumption and in the instant case in view of the admission made by plaintiff presumption stood rebutted as it is not established as to who inducted plaintiff as a tenant in the land and there is vague statement that..........
