Agreement to sell -- Specific performance - Readiness and willingness - Financial capacity of plaintiff - Not a single document filed by plaintiff to prove his financial capacity to pay balance sale consideration of Rs.40,40,000 - A self serving averment of financial capacity cannot be held to be discharge of onus of proof of readiness and willingness - Once plaintiff..........
Court Fees Act, 1870, Section 7(iv)(c) -- Ad valorem Court fee - Suit for cancellation of sale deed and declaration - Plaintiffs were executants of sale deed and were party to said sale deed - They are thus, bound to pay ad valorem Court fee u/s 7(iv)(c) of the Act...........
Court Fees Act, 1870, Section 7(iv)(C) -- Suit for possession and alternatively for joint possession and declaration that sale deed executed by his co-sharers is illegal - Neither plaintiff not any of alleged co-sharer in possession of suit property - Plaintiff rightly directed to pay ad valorem Court fee...........
Tripura Buildings (Lease and Rent Control) Act, 1975, Section 12(2), 12(3) -- Eviction petition - Non-payment of rent - Despite notice of demand for paying rent and also for vacating premise bonafide requirement, tenant did not pay arrears of rent within period as prescribed by tenant - Tenant not entitled to get any protection as provided under RCC Act - Petition..........
Industrial Disputes Act, 1947, Section 17B -- Payment of full wages - Corporation directed to pay full wages to applicant by interim order of Supreme Court - Merely because appeal against said order was allowed at the instance of Corporation, it cannot be said that obligation of Corporation to pay full wages is over - Corporation continues to remain under legal obligation..........
Assam Urban Area Rent Control Act, 1972, Section 5(4) -- Rent and eviction - Clubbing of daily rent to monthly rent - In absence of any agreement to club daily rent to constitute monthly rent and pay it on monthly basis, the rent which is admittedly payable daily cannot be clubbed on monthly basis for purpose of depositing such rent in Court - Such a misconstruction of law..........
Criminal Procedure Code, 1973, Section 125(3), Indian Penal Code, 1860, Section 67 -- Maintenance - Default in payment - Sentence of imprisonment - Sentence imposed u/s 125(3) Cr.P.C. is only a mode of enforcement of direction to pay amount of maintenance and not as a punishment - Court below therefore, seriously erred in invoking S.67 IPC for handing down sentences of 6..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff did not have necessary funds available with him to pay balance consideration - Low income and low bank balance of plaintiff indicated his incapacity to make balance payments - Even otherwise, no material on record to show that plaintiff can arrange sufficient funds to pay balance..........
Criminal Procedure Code, 1973, Section 357A -- Victim's compensation - Murder case - State Government framed Assam Victim Compensation Scheme 2012 - Scheme provides for compensation of Rs.2 lakhs in case of death - Assam Legal Services Authority directed to pay interim compensation of Rs.2 lakhs to father of deceased...........
Court Fees Act, 1870, Section 7(iv)(c) -- Court fees - Suit for declaration that Will is illegal null and void with consequential relief of permanent injunction - Court fee is to be paid as payable in a suit for declaration - Impugned order of directing plaintiffs to pay ad valorem Court fees set aside...........
