Agreement to sell -- Specific performance - Readiness and willingness - Continuous readiness and willingness on the part of plaintiff is a condition precedent to grant relief of specific performance...........
Agreement to sell -- Specific performance - Readiness and willingness - Continuous readiness and willingness is a condition precedent to grant the relief of specific performance...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(3) -- Dishonour of cheque - Appeal against acquittal - Leave to appeal - Grant of leave to prosecute should not be as a matter of routine, but should be on just and equitable basis, when materials reveal that Court below has not appreciated the materials in proper perspective...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Transfer of complaint - Complaint cannot be transferred at the instance of accused - However, accused can always apply for grant of exemption from personal appearance to concerned Court - Transfer petition dismissed...........
Specific Relief Act, 1963, Section 38 -- Suit for injunction - Public pathway - Grant of injunction - Plea that Courts below ought not to have granted a decree for injunction restraining the other member of the public from using the suit property - Plaintiff proved his possession over suit property by producing village register - Physical features noted by Advocate..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Petition by wife - Parties are living separately for the last 7 years and they have no child from this marriage - Wife is not interested in having any permanent alimony and she only wants that marriage be dissolved - Non-grant of divorce to both the parties at this stage would amount to cruelty, as both of them are educated..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Petition by wife - Parties are living separately for the last 7 years and they have no child from this marriage - Wife is not interested in having any permanent alimony and she only wants that marriage be dissolved - Non-grant of divorce to both the parties at this stage would amount to cruelty, as both of them are educated..........
Indian Penal Code, 1860, Section 498A, 506, 34 -- Offence u/ss 498-A, 506, 34 IPC - Plea of divorce by agreement - A Notary cannot grant divorce by executing the agreement of separation - As agreement of separation has no sanctity in the eye of law, therefore, it cannot be said that any divorce has taken place between the parties - Even otherwise, if any divorce has taken..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Immoral trafficking/sextortion - Where allegations are of sextortion, it is not appropriate to grant anticipatory bail, as it would necessarily cause impediment in effective investigation - Anticipatory bail application dismissed...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Husband who even after insistence of wife not taking her back in matrimonial home, cannot allege/succeed on the ground of irretrievable breakdown of marriage, even if same is taken as a ground for grant of divorce in the circumstances of case - Divorce petition rightly rejected...........
