Agreement to sell -- Specific performance - Ancestral property - There is no plea of existing HUF of defendant with his father - Mere inheritance of property from paternal ancestors after 1956 will not make property as HUF property in hands of person who inherits it - Trial Court rightly held that defendant is owner of 1/8th share of property and not 1/32 share in suit..........
Constitution of India, 1950, Article 226, 227 -- Tender - Terms and conditions - Allotment of Jan Aushadhi outlet at Government Medical College Hospital - In the instant case, petitioner failed to demonstrate that conditions were against salient features of scheme in any manner - Even, authorities are within jurisdiction in fixing terms and conditions, so that financially..........
Civil Procedure Code, 1908, Order 21, Rule 97, 101 -- Execution of decree - Suit for possession - Resistance by stranger - Mere possession of property subject matter of decree under execution is not by itself sufficient for resisting execution of said decree by stranger - Requirement of law is to establish independent legal right to possess said property by such person..........
Criminal Procedure Code, 1973, Section 378(3) -- Appeal against acquittal - Leave to appeal - Can be granted where it is shown that conclusions arrived at by trial Court are perverse or there is misapplication of law or any legal principle - High Court cannot entertain petition merely because another view is possible or that another view is more plausible...........
Transfer of Property Act, 1882, Section 105 -- Lease - Property belonging to deity - Mohatmim/mahant of property can execute lease only for the benefit of estate or for legal necessity - Execution of lease without such conditions is illegal, null and void and creates no right, title and interest in favour of plaintiff - Lease deed rightly cancelled by Temple...........
Criminal Procedure Code, 1973, Section 304, Legal Services Authorities Act, 1987, Section 12 -- Right of legal aid - While pronouncing order of conviction and sentence, Judge should be saddled with corresponding duty to inform convict of his right to avail legal aid to prefer appeal against conviction if he is unable to do so with his own resources - Such duty of Court is..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Return of unsold goods - No receipt of these good obtained by complainant - It is also improbable that water purifiers worth Rs.1,45,700/- would be transported in dicky of the car and there is also serious dispute about date on which goods were returned to accused - It is not clear that disputed cheques..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Averments in plaint referring to an undertaking given in a letter to honour the cheques - No specific denial in written statement as to undertaking given in letter - Defendant failed to produce the original letter and instead a Xerox copy of said letter was filed - Deliberate attempt was made by..........
Criminal Procedure Code, 1973, Section 156(3), Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Not required for passing an order u/s 156(3) or for search warrant - However, it is required at the stage of taking cognizance of offence, when Magistrate applies his mind to legal proceedings and considers police report or material before it...........
Civil Procedure Code, 1908, Order 41, Rule 17(1) -- Appellate powers - Appeal questioning decree granting relief of right, title, possession - Neither of parties or counsel appeared on date fixed for hearing - First Appellate Court decided the appeal on merits and granted the relief prayed for - Statutory provisions only empowers First Appellate Court to dismiss appeal for..........
