Specific Relief Act, 1963, Section 28, 16(c) -- Specific performance - Readiness and willingness - Mere extension of time to deposit balance sale consideration does not absolve plaintiff of his obligation to demonstrate readiness and willingness coupled with special circumstances beyond his control to seek such extension - Plaintiff was required to plead sufficient,..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - High Court ought not to enter into re-appreciation of evidence in second appeal to arrive at new findings except on pure questions of law - But if findings are perverse, based on complete mis-appreciation or erroneous consideration of evidence and failure to consider relevant evidence, it becomes a question of law...........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Murder case - Merely because no questions were put to accused with regard to individual assault made by each of them, it cannot be said that any prejudice is caused to them, particularly when specific question was put to accused that they participated in an unlawful assembly with common object of..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Company not arraigned as an accused - Cheque in question is signed by applicant, in capacity of Managing Director of Company - It is thus, imperative on part of complainant to implead Company as party accused - Unless company is arraigned as an accused, order of issuance of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of proceedings - Cheque returned with endorsement "kindly contact drawer/drawee bank and pleasen" - Plea that cheque was not returned for insufficient funds - Held, onus to prove that at the relevant time accused had sufficient balance in his account has to be proved by summoning bank record -..........
Specific Relief Act, 1963, Section 36, 37 -- Temporary injunction - Grant of - Question as to existence of concluded contract - If Plaintiff pleading existence of concluded contract, leaving an executed document as a mere formality, the onus lay on the Plaintiff to demonstrate that the parties were ad idem having discharged their obligations - Failure of Plaintiff in..........
Criminal trial -- Inconsistency between dying declaration, medico-legal report and post mortem report - Cross examination of doctor exposits contradictions as to whether injury in question was sufficient to cause death in normal course of nature - Benefit of doubt of ambiguity and contradictions must go to appellant...........
Sale of Goods Act, 1930, Section 2(n) -- Liability to tax - Question is supply of the various preparations by each club to its members involved a transaction of sale within the meaning of the Act - As per S.2(n) of the Act, if there is no transfer of property from one to another there is no sale which would be eligible to tax - If the club even though a distinct legal..........
Eviction -- Arrear of rent - Plaintiffs filed suit claiming possession and ejectment of defendant no.1 - Defendant no.2 claimed that he is owner in possession and he had purchased the same from `J' and plaintiffs are neither owners nor in possession over the shop which defendant purchased by virtue of sale deed - However, perusal of decree passed in favour of `J' and `R'..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Purchase of goods for commercial purpose - If commercial use is by purchaser himself for purpose of earning his livelihood by means of self employment, such purchaser of goods is yet a `consumer' - What is `commercial purpose' is a question of fact to be decided in facts of each case. (1997) 1 SCC 131...........
