Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Framing of - It is one of the important steps in adjudication of suit - When a specific plea is taken in written statement, Court ought to frame an issue on said plea - Non framing of an issued on a vital aspect - Unjust...........
Civil Procedure Code, 1908, Section 151 -- Provision of S.151 CPC is not applicable to situations governed by specific provisions...........
Specific Relief Act, 1963, Section 19(b) -- Suit for specific performance - Relief of specific performance can be granted even when relief of cancellation of sale deed in favour of subsequent purchaser is not claimed - Subsequent purchaser can be jointed as a party to the suit - Plaintiff need not seek for cancellation of sale deed in favour of subsequent purchaser unless..........
Civil Procedure Code, 1908, Section 100 -- Second Appeal - Determination of question of law - Proceedings for specific performance of agreement of sale - Proof of document - Serious dispute by executant that signature on document does not belong to him - Oral depositions of witnesses are contradictory to each other - Signatures of executant not at all proved and he is also..........
Civil Procedure Code, 1908, Section 96 -- Appeal against decree for specific performance - Finding of fact - Arrived at without proper appreciation of evidence - Specific plea of vendor regarding no partition - Vendor disputing plea of vendees as to division of joint properties - Parties to present suit were not same as in earlier suit - Subject matter of suit property was..........
Specific Relief Act, 1963, Section 16(c) -- Ready and willing - Mere assertion in plaint is not sufficient - It must be proved that consideration amount was available - When such proof is not produced before Court then it must be held that plaintiff was not always ready and wiling to perform his part of the contract...........
Specific Relief Act, 1963, Section 19(b), 20 -- Agreement to sell - Suit for specific performance - Subsequent transferee purchased property for value, in good faith and without notice of earlier contract - When such statement is made in Court then burden shifts upon plaintiff to lead rebuttal evidence - No averment in plaint as to subsequent purchaser having knowledge of..........
Specific Relief Act, 1963, Section 20 -- Specific performance - Relief of - Notice to execute sale deed issued nearly 3 years from date of agreement - Subsequent purchaser not impleaded immediately after such averment made in written statement - Absence of evidence to show that plaintiff was ready and willing to perform his part of contract - Discretion not to be exercised..........
Civil Procedure Code, 1908, Section 114, Consumer Protection Act, 1986, Section 13(4) -- Consumer Dispute Redressal Forum - Proceedings before District Forum or State Commissioner - Applicability of - Provision of Civil Procedure Code not applicable to such proceedings except to extent indicated in S.13(4) of Act - Petition seeking review of order - In absence of specific..........
Indian Penal Code, 1860, Section 306 -- Second wife - Committed suicide - Husband and wife convicted - Deceased set herself on fire and died in hospital - FIR recorded on statement of deceased for offence u/s 498-A IPC - Post mortem report exhibited but not duly proved - In absence of cause of death established by evidence conviction u/s 306 IPC cannot be sustained -..........
