Agreement to sell -- Specific performance - Bonafide purchasers - Agreement in question in favour of plaintiff was compulsorily registrable document in the State of U.P. - Subsequent purchasers shall be deemed to have knowledge of suit agreement which was duly registered in view of S.3 Explanation I of T.P.Act - It is not the case of subsequent purchasers that they took a..........
Specific Relief Act, 1963, Section 19(b) -- Bonafide purchasers - Suit for specific performance - Without seeking cancellation of subsequent sale deeds - Where subsequent purchasers failed to prove that they entered into sale deed in good faith and without notice of suit agreement, in view of S.19(b) of the Act, a decree for specific performance can be passed against such..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Criminal proceedings manifestly attended with mala fide and proceedings initiated maliciously with ulterior motives - When such fact is established, same is a good reason to quash criminal proceedings...........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Even if S.52 of the Act is not applicable in its strict sense, then too principles of lis pendens which are based on justice, equity and good conscience would certainly be applicable...........
Will -- Probate - Witnesses of Will stated that at the time of execution of Will testator was in a good physical and mental health and he voluntarily completed all formalities of Will and his signature has been identified by witnesses - Testator executed the Will without any coercion and pressure, fully understanding the contents of Will - There appears no suspicious..........
Limitation Act, 1963, Section 14 -- Exclusion of time u/s 14 of the Act - Time spent in pursuing the matter bonafidely and in good faith before forum believing it to be the appropriate forum is bound to be excluded when computing limitation before Court having competent jurisdiction...........
Indian Penal Code, 1860, Section 153A -- Offence u/s 153-A IPC - If a citizen of India on his whatsapp status extends good wishes to the citizens of Pakistan on their Independence Day, there is nothing wrong with it - It is a gesture of goodwill and it cannot be said that such acts will tend to create disharmony or feelings of enmity, hatred or ill-will between different..........
Will -- Suspicious circumstance - Ill health - From the evidence of witnesses, it cannot be held that testator was not in good senses and was unable to understand the welfare or take correct decisions - Will cannot be held to be suspicious on the ground of alleged ill health of testator at the time of execution of Will...........
Service -- No criminal case was registered or pending at the time of filing application for the post of constable - However, after five days of filing application he was embroiled in a criminal case which resulted in his acquittal - Verification report after noticing criminal case and subsequent acquittal stated that his character was good, that no complaints were found..........
Protection of Children from Sexual Offences Act, 2012, Section 9, 10 -- Aggravated sexual assault on 11 years old girl - Accused touched the body of child, chest and tried to remove her dress, which discloses his criminal intention - Sexual assault can be gathered from his act only - Moreover, accused is none other than friend of brother of victim girl being conversant..........
