Agreement to sell -- Specific performance - Agreement to sell agricultural land to a non agriculturist in H.P. - Essential condition of agreement was to get requisite permission of State Govt. - Purchaser failed to get requisite permission of State Govt. and he assigned his rights to plaintiff who in turn filed suit for specific performance - Assignment not valid as there..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Remand of matter to trial Court permitting plaintiff to amend plaint - No application filed by plaintiff for amendment of plaint - In the absence of any such application, High Court committed error by permitting plaintiff to amend plaint that too in a second appeal - Even otherwise, no reasons are assigned as to..........
Jammu and Kashmir Criminal Procedure Code, 1989, Section 540 -- Summoning of witnesses - Examination of two witnesses is essential for just decision of case - Trial Court while declining prayer of complainant to examine such witnesses has not assigned any reason - Impugned order set aside - Application allowed...........
Criminal Procedure Code, 1973, Section 409 -- Withdrawal of case once assigned by Principal Sessions Judge to Additional Sessions Judge - Principal Sessions Judgment has no jurisdiction to withdraw/recall a case, in which trial/hearing has commenced before an Additional Sessions Judge as provided in S.409(2) Cr.P.C...........
Will -- Proof of - Plaintiff contended that his grandmother after cancelling earlier Will in favour of defendants executed Will in his favour - However, attesting witness of Will in favour of plaintiff stated that testatrix was not in her sound state of mind at the time of execution of Will - Serious doubt arises as to why testatrix just before her death has chosen to..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Permitted to file at the stage of defendant's evidence - Defendants were proceeded against ex parte twice over - No satisfactory reason assigned by defendants for delay in filing written statement - Only ground mentioned by trial Court while allowing application for filing written statement, is setting..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 147, 148, 149, 324, 427, 441, 323, 506, 447, 307, 302, 34 -- Bail - Murder - Prior enmity between parties - Accused were known to complainant, thus, it cannot be concluded at this stage that it was not possible to identify accused - Accused were specifically named in FIR - Nature of allegations..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Appellate Court in acquittal appeal is not required to rewrite judgment or to give fresh reasoning, when reasons assigned by Court below are just and proper...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Partition suit - Plaintiffs have assigned a reasonable cause that due to having talks of compromise between parties and being out of city, they could not appear for their evidence - Application for restoration was well within limitation from date of having knowledge of dismissal of..........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Late production of documents - Application filed is bereft of any averment to substantiate which document in question could be said to be relevant - No evidence is permissible in absence of pleading - More so, no reason has been assigned by defendant in application of inordinate delay in seeking permission to produce..........
