Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration that sale deed is null and void - Plaintiffs in one way pleaded that consideration amount was passed and also that deceased sought to enforce the agreement for re-conveyance - Therefore, instead of seeking relief based on such re-conveyance deed, an untenable relief of declaration..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of ownership and to declare the sale deed as null and void - Defendant pleaded sale deed in his favour which plaintiff asserted to be forged and created through impersonation - Original sale deed not produced - Leads to inevitable conclusion that had the original document been produced impersonation would have..........
Indian Penal Code, 1860, Section 460 -- Offence u/s 460 IPC - No specific role attributed to any of accused by eye witnesses and all of them have been convicted only with the aid of S.149 IPC - There was no unlawful assembly as two out of five accused have been acquitted - Appellants acquitted...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Whenever there is a cloud cast on title of a person and he claims title then for that purpose he has to file a civil suit and would necessarily lead evidence for the declaration of his right...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Whenever there is a cloud cast on title of a person and he claims title then for that purpose he has to file a civil suit and would necessarily lead evidence for the declaration of his right...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Prosecutrix levelled specific allegations against additional accused summoned while recording her statement u/s 164 Cr.P.C during course of investigation - Order of summoning of additional accused is proper...........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Unlawful assembly - All the accused unlawfully assembled with clear intention to eliminate entire family of deceased - Even if any of them had not been assigned specific role of assaulting deceased, they all would be guilty for an offence of murder and are liable to be convicted for life imprisonment...........
Agreement to sell -- Specific performance - Plaintiff can seek additional as well as alternative relief in the same suit - Claim of such reliefs does not in any way adversely impact primary relief i.e. specific performance of agreement to sell...........
Specific Relief Act, 1963, Section 39 -- Suit for mandatory injunction - Property under unlawful possession of defendant - Failure to seek declaration and recovery of possession is a legal hurdle in grant of any relief to a suitor - Suit rightly dismissed...........
Civil Procedure Code, 1908, Section 9, Order 7, Rule 11, Specific Relief Act, 1963, Section 41(h) -- Rejection of plaint - Suit for injunction - Since no other remedy is available to plaintiff to get relief sought in the suit, suit is maintainable before civil Court on the cause of action as mentioned in the plaint - Application U.O.7.R.11 CPC rightly dismissed...........
