Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - Stay of decree for payment of mesne profits, passed jointly and severally against defendants - Stay order not reasoned - Therefore, it shall be open for plaintiffs to move a fresh application before appellate Court, praying for mesne profits as also for enhancement of mesne profits during course of appeal...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Date from which payable - Once it is found that wife and child are unable to maintain themselves and husband is capable of maintaining himself and having sufficient means, refused or neglected to pay maintenance, ordering payment of maintenance from the date of petition sounds..........
Central Motor Vehicles Rules, 1989, Rule 35, 36 -- Compensation - Payment in lumpsum - R.35 gives ample discretion to Tribunal to make a decision as to whether entire amount has to be released or if it is to be released in part - Tribunal is expected to give its own reasoning while undertaking such an exercise...........
Agreement to sell -- Specific performance - Readiness and willingness - Defendant No.1 had issued legal notice requesting for payment of balance sale consideration but plaintiff kept silent - There is not even a notice by plaintiffs before filing suit of showing their readiness and willingness by tendering the amount of balance sale consideration and sending a draft sale..........
Agreement to sell -- Specific performance - Plaintiff made a payment of Rs.12,000/- on 24.05.1981 - Plaintiff was not ready and willing to get the sale deed executed and registered - To adjust equities, defendant directed to compensate plaintiff by paying an amount of Rs.24 lakhs in lieu of advance and further Rs.Six lakhs as cost of litigation...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiffs failed to plead specifically with details about the restriction said to have been imposed by State on registration of sale deeds relating to similar survey numbers and revenue sites - They even failed to get the sale deed executed within three months as per agreement - Even before filing a..........
Civil Procedure Code, 1908, Order 21, Rule 52 -- Execution - Recovery of arrears of rent - Attachment of compensation granted under Motor Vehicle Accident Claim - Petition for arrears of rent filed against petitioner was decreed ex parte - Shop in question was in custody of petitioner and it was petitioner who was responsible to pay rent - Petitioner cannot take defence of..........
Agreement to sell -- Specific performance - Readiness and willingness - Nothing placed on record that plaintiff was ready and willing to perform his part of contract between 2003 to 2008 to make the balance payment of Rs.3,65,000 - Relief of specific performance rightly declined...........
Agreement to sell -- Suit for specific performance - Order as to refund of Rs.18 lakhs - Advance sale consideration paid Rs.3 lakhs - Subsequent advance payment of Rs.15 lakhs - Proof of subsequent advance payment - Ordinarily, in an endorsement of payment of money, party signs first and witnesses put their signature below that endorsement - However, in the instant case..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Money lending license - Not relevant in a case of dishonour of cheque - In a case of dishonour of cheque it is to be seen whether cheque was issued in relation to a valid loan and was dishonoured without payment, even after giving notice...........
