Agreement to sell -- Suit for specific performance - Limitation - Notice by plaintiff to execute sale deed - Refusal by defendant - Suit filed within three years of such refusal - No evidence led by defendant to show that there was refusal on his part earlier also - No such refusal could be made by him as plaintiff had performed his part of contract and defendant was put..........
Criminal Procedure Code, 1973, Section 91 -- Summoning and production of documents - Powers of Court - Held, powers conferred u/s.91 are enabling in nature aimed at arming Court or any officer in charge of Police Station concerned to enforce and to ensure production of any document or other things `necessary or desirable' for purposes of any investigation, inquiry, trial..........
Registration Act, 1908, Section 60, 71 -- Sale deed - Refusal by Sub Registrar to register - Refusal on basis of report of Tahsildar to whom matter was referred, that land revenue documents were false - Held, Sub Registrar is not entitled to refuse registration on such ground, when deed is presented to him complete in all respects...........
Registration Act, 1908, Section 71, 74, 77 -- Refusal to register - Appeal to Registrar - Appeal dismissed - Registrar to handover document to party to enable him to approach Civil Court under S.77 - Preventing party from approaching Civil Court for relief, by not returning document to party, is act of mischief for which Registrar and Sub-Registrar are liable to cost...........
Negotiable Instruments Act, 1881, Section 138 -- Document sought to be produced by recalling a witness - Authority to file complaint by a resolution of Board of Directors - However, alongwith complaint another document filed - Relevant document mentioned in the list of documents filed alongwith complaint - Refusal of lower Court to recall witness for marking the correct..........
Motor Vehicles Act, 1988, Section 147(5), 149 -- Cheque - Insurance policy issued on the basis of cheque issued by owner - Accident on same day resulting in death of three persons - Cheque dishonoured - Policy cancelled - Held, refusal to meet claim of third party on ground there was no valid contract of insurance - Not tenable - On date of accident there was a insurance..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Proof of neglect or refusal - May be express or implied - In the circumstances of a particular case, it is a matter of inference to be drawn by the Court from the conduct of the non-claimant...........
Criminal Procedure Code, 1973, Section 433A, West Bengal Rules (Relating to Premature Release of Life Convicts), Rule 591(4)(29), Constitution of India, 1950, Article 161 - - Life convicts - Premature release - Refusal to - Validity - Prayer of petitioners for premature release was rejected mainly on objections taken by police about chances of petitioners committing crime..........
Constitution of India, 1950, Article 225 -- Criminal Procedure Code, 1973, S.439 - Allocation of cases - Power of Chief Justice - Practicing Advocates presented petitions to Chief Justice for cancellation of bail granted to accused - Chief Justice directed petitions to be placed before Division Bench - Refusal of Division Bench to take action on petition on ground that..........
Civil Procedure Code, 1908, Section 92, 115, 104, Order 43, Rule 1-A -- Leave of Court - Refusal to grant leave is appealable but grant of leave not - Though grant of leave without affording an opportunity to the defendants and without recording cogent reasons will be hit by the vice of material irregularity u/s 115(1)(c) but the order does not fulfil the litmus test..........
