Criminal Procedure Code, 1973, Section 127 -- Enhancement of maintenance - Order u/s 125 Cr.P.C. as per mediation agreement - Claim u/s 127 Cr.P.C. cannot be taken away on the mere premise that earlier fixation of maintenance was by way of mediation...........
Criminal Procedure Code, 1973, Section 127 -- Enhancement of maintenance - Order u/s 125 Cr.P.C. as per mediation agreement - If parties consciously anticipate various possible future contingencies which are explicitly, categorically and unambiguously spelt out in the agreement and having due regard to such contingencies, arrive at a pre quantified component of maintenance..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Photocopy of agreement to sell - Photocopy mechanically prepared copy from original and generally assures accuracy - Photocopy of agreement therefore, comes within sweep of secondary evidence and such secondary evidence is permissible u/s 65(c) of the Act...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Photocopy of agreement to sell - Original agreements stolen from record of trial Court, for which investigation/inquiry is pending and photocopy of those documents is on record - Trial Court thus, committed no error in admitting photocopy of documents as secondary evidence - Admissibility of these documents can be..........
Auction Sale -- Acceptance of bid - Petitioners were sole bidders - They paid amount aggregating to 10 per cent of bid amount - Respondents, however, never accepted the bids either in writing or orally or by contract - Therefore, plea that a concluded agreement had been entered into between the parties is rejected...........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Illegal and unauthorised retention of security money - Claim of interest - Contract relating to upgradation and remodeling of Palika Bazar - Petitioner failed to place on record any document that there is any embargo on petitioner making any payment to respondent during pendency of..........
Land Acquisition Act, 1894, Section 18 -- Acquisition of land - Reference - Maintainability - Once acquisition is made with consent, it cannot be said that reference was not maintainable, particularly, when landowners submitted application that they are not satisfied with validity and correctness of agreement and again immediately they filed application seeking reference..........
Land Acquisition Act, 1894, Section 18 -- Reference - Acquisition of land - Compensation - Consent agreement entered into between parties in 1989 for handing over land in question in case of acquisition - State Government not taken steps for 7 years for acquisition of land by issuance of notification u/s 4 of the Act - Consent awards were passed in 1997, at the rate of..........
Agreement to sell -- Specific performance - Readiness and willingness - No failure on part of plaintiff to perform his part of contract - Defendants on the other hand, without following conditions mentioned in agreement to sell, has chosen to issue a feigned legal notice, which itself is frivolous - There is no mistake nor failure on part of plaintiff - Plaintiff always..........
Civil Procedure Code, 1908, Section 100, 99 -- Second appeal - Suit for specific performance - Concurrent findings of both the Courts below regarding no, execution of agreement of sale, which was basis of suit is on record - Substantial question of law whether said agreement is admissible or inadmissible in evidence becomes irrelevant and will not affect the merits and..........
