Evidence Act, 1872, Section 65 -- Secondary evidence - Original agreement to sell not filed alongwith plaint - Application for leading secondary evidence an after thought as defendant in the written statement denied the existence of the agreement and thereafter plea of loss set up and photocopy sought to be proved - Very existence and loss of original agreement to sell not..........
Agreement to sell -- Suit for specific performance - Relief of specific performance - When ever there is proof of execution of agreement to sell and readiness and willingness on the part of plaintiff is proved then unless the enforcement of specific performance result into unfairness, the specific performance has to be ordered...........
Agreement to sell -- Suit for specific performance - Claim of alternative relief of damages - Does not amount to waiver of principal relief of specific performance...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Wife made false complaint and got husband and other in-laws arrested - Wife also resiled from agreement of mutual divorce after receipt of agreed amount - Acts of wife amount to mental cruelty - Held, husband is entitled to divorce...........
Agreement to sell -- Suit for specific performance - Money not offered at the time of execution of sale deed - Merely for this reason plaintiff cannot be held to be not ready and willing to perform his part of contract when there are necessary pleadings to this effect and there is nothing on record to doubt bonafide statement of plaintiff on oath that he is ready and..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Common object - Mere presence in an unlawful assembly does not render a person liable unless there was a common object and he was actuated by that common object and that object is one of those set out in section 141 - It is not necessary that common object may be formed by express agreement - It may be formed at..........
Karnataka Town and Country Planning Act, 1961, Section 14, City of Bangalore Improvement Act, 1945, Section 42, City of Bangalore Improvement (Allotment of Sites) Rules, 1964, Rule 17(4), Karnataka Municipal Corporations Act, 1976, Section 505 -- Multistoried building - Permissibility - Condition in lease-cum-sale agreement that lessee/purchaser shall not subdivide the..........
Legal Services Authorities Act, 1987, Section 20 -- Lok Adalat - Can dispose of a matter by way of a compromise or settlement between the parties - Compromise means settlement of differences by mutual concessions - It is an agreement reached by adjustment of conflicting or opposing claims by reciprocal modification of demands - The word 'compromise' implies some element of..........
Indian Penal Code, 1860, Section 406 -- Civil Supplies Corporation entrusted paddy for dehusking - Accused did not return rice as per agreement - Corporation also initiated steps for arbitration proceedings on the basis of arbitration clause in the agreement - No offence u/s 406 IPC is made out...........
Indian Penal Code, 1860, Section 392, 452, 506, Criminal Procedure Code, 1973, Section 482 -- Hire Purchase agreement - Timely payment not made - Repossession of vehicle, without notice to complainant and by use of force and giving threats - FIR lodged u/ss 392, 452, 506 IPC - No ground to quash FIR...........
