Agreement to sell -- Specific performance - Conduct of parties - Plaintiff chasing the defendant to execute sale deed - It is a relevant fact to grant relief of specific performance...........
Agreement to sell -- Specific performance - Grant of decree of specific performance - It is desirable to give reasons but not imperative so long as it is evident to any superior Court hearing an appeal that direction to grant specific performance is based on relevant considerations borne out from the record - Absence of reasons would not vitiate the decree. (Specific..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for cancellation of sale deed - Earlier suit for cancellation of sale deed before revenue Court was dismissed being not maintainable - Present suit before civil Court seeking relief for cancellation of sale deed is within jurisdiction of civil Court...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Relief of grant of land/compensation qua acquired land can be adjudicated, decided and determined by Land Acquisition Officer in terms of Land Acquisition Act only - Civil Court has no jurisdiction over such relief...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that sale deed is null and void - Suit is not maintainable without seeking possession, when plaintiff is not in possession...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Suit for declaration and permanent injunction - Both the parties claim title over suit property - In case of title over suit property, parties should prove their case by themselves by letting legally acceptable evidence - Considering nature of relief sought in the suit and rival claim..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Suit for permanent injunction simpliciter filed by plaintiff is not maintainable in the absence of any prayer for declaration of his title especially when defendant's title has been proved by registered sale deed and her possession has been proved...........
Agreement to sell -- Refund of earnest money - Plaintiff has a registered agreement to sell in is favour and he had already paid Rs.2000 as earnest money in the year 1979 and has been litigation since last 44 years - Vendor sold the property to subsequent purchasers - Plaintiff though not entitled to relief of specific performance but subsequent purchasers directed to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37(1)(b)(ii) -- Contraband - Bail - Recovery of 247 kg. Ganja - Accused already spent more than three and a half years in custody - Conditional liberty in a case of prolonged incarceration, must override the statutory embargo created u/s 37(1)(b)(ii) of the Act - Bail granted...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 5 -- Maintenance to mother - Suppression of rental income by sons - Such a culpable conduct of sons disentitle them to any relief in the equitable jurisdiction under Article 227 of the Constitution...........
