Suit for Specific Performance -- Liability to pay compensation - - Defendant No.7 has purchased one acre of land under registered sale deed - First defendant has alienated one acre of land in favour of defendant No.7 after expiry of the period stipulated vide agreement - Defendant No.7 has stated that he would not have purchased this property if he had known that there..........
Suit for Specific Performance -- Courts are bound to scrutinize the totality of the circumstances, evaluating not only the plaintiff's conduct, communications and overall engagements with contractual process, but equally the conduct of the defendants who are guilty of laying several obstacles and creating an environment which momentarily compels the plaintiff to take one..........
Suit for Specific Performance -- Liability to pay compensation - - Defendant No.7 has purchased one acre of land under registered sale deed - First defendant has alienated one acre of land in favour of defendant No.7 after expiry of the period stipulated vide agreement - Defendant No.7 has stated that he would not have purchased this property if he had known that there..........
Suit for Specific Performance -- Courts are bound to scrutinize the totality of the circumstances, evaluating not only the plaintiff's conduct, communications and overall engagements with contractual process, but equally the conduct of the defendants who are guilty of laying several obstacles and creating an environment which momentarily compels the plaintiff to take one..........
Court Fees Act, 1870, Section 7, Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court fee - Claim of damages of 10 crores - In a suit for damages, ad-valorem Court fee is payable on the amount of damages claimed - Order rejecting application for rejection of plaint, set aside - Matter remanded...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Contraband - Search and seizure - Specific case of prosecution that some dust of `chura post' was lying on rear seat of the car which car was then taken possession of by police - More so, neither photographs of said `chura post' was taken nor same was sent to chemical analysis - There is thus, no material..........
Specific Relief Act, 1963, Section 41 -- Provision of S.41 of the Act prohibits any person to claim the relief as sought for that would apply in respect of suit to be instituted in India but not in Canada...........
Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage by conditional sale or sale with an option to repurchase - Recitals of document were very specific that sale was on condition that if the executant fails to repay the amount within 2 years, sale shall become void on such payment being made - Since seller failed to repay the agreed amount within the period..........
Easements Act, 1882, Section 13 -- Easement - Right to use public road - No evidence on record to show that plaintiff or his family members use the disputed road - Categorical findings of Courts below that plaintiff and his family members are using common road which is on the other side of suit property - Moreover, disputed road is left by colonizer which is not a common..........
Easements Act, 1882, Section 13 -- Easement - Right to use public road - No evidence on record to show that plaintiff or his family members use the disputed road - Categorical findings of Courts below that plaintiff and his family members are using common road which is on the other side of suit property - Moreover, disputed road is left by colonizer which is not a common..........
