Civil Procedure Code, 1908, Section 148 -- Specific performance - Extension of time to deposit balance sale consideration - Delay of 15 days as decree holder was bed ridden - Plea not challenged - Application allowed...........
Civil Procedure Code, 1908, Order 11, Rule 12, 14, Evidence Act, 1872, Section 65 -- Production of document - Dismissal of application U.O.11.Rr.12 & 14 CPC and allowing plaintiff to file photostat copy of sale agreement - Taking of document on record does not necessarily mean that document has become final as defendant can raise all objections regarding admissibility of..........
Agreement to sell -- Specific performance - Readiness and willingness - Presence of plaintiff before Sub-Registrar on the date fixed by Defendant for execution of sale deed along with balance sale consideration, shows that plaintiff was ready and wiling to perform his part of contract - It is defendants who did not turn up on that date, hence they are estopped from..........
Limitation Act, 1963, Article 54 -- Limitation - Suit for specific performance - Six months time prescribed for performance of sale, as defendants themselves issuing a telegraphic notice calling upon plaintiffs to perform their part of contract - Defendants have not honoured the same by executing sale deed in favour of plaintiff - Suit filed within 3 years of period of..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Dismissed as premature - Plaintiffs purchased the land from predecessor-i, interest of defendants - Both the Courts below found that sale deed in question is a valid and genuine document - Plaintiffs were put in possession of land but revenue authorities have only entered mutation of small portion of land -..........
Agreement to sell -- Specific performance - Readiness and willingness - No stipulation either in agreement to sell or in extension agreement that NOC needs to be obtained by defendant - It cannot be said that lack of NOC was a valid reason for plaintiff not to make payment of balance sale consideration - Plaintiff not made payment of balance sale consideration - Conduct of..........
Agreement to sell -- Specific performance - Readiness and willingness - If plaintiff behaves contrary to terms of contract and insists that sale by defendants should be on terms which are different from terms of contract, then it is an indication that he was not willing to perform his part of contract. (Specific Relief Act, 1963, S.16(c)..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff failed to aver and prove that he was always ready and willing to pay entire balance sale consideration to defendant - He is not entitled to get discretionary relief of specific performance of contract - However, plaintiff is entitled to get back the amount paid as advance sale consideration..........
Drugs and Cosmetics Act, 1940, Section 36(AB)(as -- Special Court - Manufacturing/sale of spurious and misbranded drugs - Petitioners were charge sheeted when amendment to S.36(AB) already came into force - S.36(AB) of the Act provides trial of offences relating to spurious drugs by `Special Courts' only - Trial Court failed to notice the amended provision and should have..........
Drugs and Cosmetics Act, 1940, Section 36(AB)(as -- Special Court - Manufacturing/sale of spurious and misbranded drugs - Trial held to be nullity and non est being conducted by Court having no jurisdiction - Complaint pertains to 2007 and 11 years have already elapsed since institution of complaint - Petitioners cannot be held responsible for long trial because..........
