Agreement to sell -- Specific performance - Ready and willing - Plaintiff is obliged not only to make specific statement and averments in the plaint but is also obliged to adduce necessary oral and documentary evidence to show the availability of funds to make payment in terms of the contract in time...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - If I.O. after filing the final report, obtains further oral or documentary evidence then only direction for further investigation can be passed - It is continuation of previous investigation...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - No loan transaction between complainant and accused - Loan is alleged to have been given to one `S' and accused is alleged to have undertaken to discharge the liability of said `S' - Except for the oral evidence of PW1, there is no material evidencing any such undertaking - Even, said..........
Evidence Act, 1872, Section 92 -- Oral evidence - Sale deed - Misdescription of property or khasra number wrongly mentioned - Same comes under the purview of S.92 Proviso (1) of the Act - However, the mistake sought to be proved by oral evidence under this proviso, must be one which could sustain a claim for rectification or cancellation of instrument...........
Evidence Act, 1872, Section 92 -- Oral evidence - Sale deed - Misdescription of property or khasra number wrongly mentioned - Same comes under the purview of S.92 Proviso (1) of the Act - However, the mistake sought to be proved by oral evidence under this proviso, must be one which could sustain a claim for rectification or cancellation of instrument...........
Easements Act, 1882, Section 15 -- Easement - Right to fetch water from third party land - Oral evidence led by plaintiff with regard to right to fetch water is not sufficient to come to conclusion that plaintiffs have been exercising the said right from time immemorial without any interruption - Defendants purchased the property in question and in his sale deed there was..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(AB), 506, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Bail - Rape - Prosecutrix levelled specific allegation against accused of oral sex with her and that accused penetrated penis in her way of urine - She was about 12 years at the time of incident, therefore, at the..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Plaintiff failed to produce any cogent evidence on record to establish his actual physical possession over suit property - There is thus, no documentary evidence available on record to show possession of plaintiff - No doubt, some witnesses have orally deposed in support of plaintiff, but mere oral deposition..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent injunction - Title of plaintiff over suit property not proved - However, oral and documentary evidence discloses settled possession of plaintiffs from 1968 onwards - Relief of permanent injunction rightly granted even though declaratory relief is not granted...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Parties are barred from producing additional evidence at writ appeal stage, whether oral or documentary except under circumstances postulated in O.41.R.27 CPC...........
