Civil Procedure Code, 1908, Section 11 -- Res judicata - Where two or more suits have been disposed of by one common judgment but separate decrees, there can be no `former suit' as stipulated by S.11 CPC - Non filing of an appeal against one or more of those suits ought not to preclude the consideration of other appeals on merits and the principle of res judicata would be..........
Agreement to sell -- Execution - Agreement signed by vendor only - Attesting witness a minor, who is incompetent to be a marginal or attesting witness - Scribe deposing that no advance sale consideration was paid in his presence and vendor and marginal witnesses did not sign in his presence - Blank signed paper was given to scribe and agreement was written at the..........
Consumer Protection Act, 1986, Section 12 -- Purchase of plot in public auction for earning livelihood by self employment - Subject matter of plot in question was under litigation - Respondents cannot concluded the contract by confirming sale and forfeiture of 25% of sale consideration and Rs.25,000/- towards security deposit is wholly unjust and amounts to unlawful..........
Agreement to sell -- Specific performance - Suspicious circumstances - Plaintiff failed to prove all the aspects and there is no satisfactory evidence about the execution of agreement, payment of consideration, delivery of possession and terms of contract - There is strong suspicion about stamp paper on which agreement was executed - Scribe of agreement not examined -..........
Specific Relief Act, 1963, Section 28 -- Balance sale consideration - Extension of time - Seller in spite of complying his part of performance as decreed by Court below filed application to rescind the contract - Purchaser on the other hand in order to show his bonafide has deposited balance sale consideration in Bank - Since purchaser had deposited balance sale..........
Specific Relief Act, 1963, Section 28 -- Balance sale consideration - Extension of time - Court has discretion to extend time for compliance of the conditional decree as mentioned in the decree for specific performance...........
Criminal Procedure Code, 1973, Section 156(3), 397 -- Rejection of application u/s 156(3) Cr.P.C. - Revision - A prospective accused is entitled to be heard in revision u/s 397 Cr.P.C. against an order rejecting application u/s 156(3) Cr.P.C. - Fact that in the event of remand by revisional Court to Magistrate, for fresh consideration of an application u/s 156(3) Cr.P.C...........
Agreement to sell -- Specific performance - Relief of - Consideration of Rs.16.10 lakhs - Agreement executed in the year 2003 - Property prices increased by not less than five times - Appellant should pay a total consideration of Rs.25 lakhs - On payment of Rs.25 lakhs less already paid, defendant owner shall execute registered sale deed in favour of plaintiff...........
Civil Procedure Code, 1908, Order 14, Rule 1, Civil Procedure Code, 1908, Order 41, Rule 23A, Hindu Marriage Act, 1955, Section 13(1)(ia) -- Issues - Omission to frame an issue regarding cruelty - When one party affirmed a fact or law and denied by other, Court is bound to frame an issue or point of consideration depending upon pleadings on record - Trial Court failed to..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 20 -- Domestic violence - Conduct of parties even prior to coming into force of PWDV Act could be taken into consideration while passing an order u/ss 18, 19 and 20 thereof...........
