Civil Procedure Code, 1908, Section 96(3), Order 43, Rule 1-A(2) -- Suit for specific performance - Compromise - Validity of compromise in question - Appeal against such decree is maintainable - S.96(3) is not a bar for maintainability of appeal where validity of compromise is in dispute...........
Negotiable Instruments Act, 1881, Section 141, 142, 138 -- Company - Complaint against company and its Directors - Specific averment is necessary regarding the role played by each of the Directors - A-1 is company and is liable for prosecution - A-2 is the Chief Managing Director and Signatory, hence liable for prosecution - A-3 is the Director and authorised signatory and..........
Transfer of Property Act, 1882, Section 110 -- S.110 applies only to periodical lease with a specific date of commencement of lease and not a tenancy from month to month by holding over...........
Record of rights -- Not a document of title - Court is entitled to draw a presumption from the entries therein that a certain person is the owner of the land in question - Presumption is rebuttable presumption - Specific evidence need not be adduced to rebut the said presumption - Presumption may stand rebutted from facts and circumstances of a case...........
Transfer of Property Act, 1882, Section 54, 55(a), (b) -- Sale - Consideration amount not paid - Transferee continues to be the owner - Relinquishment deed agreed to be executed - On failure to execute and register the relinquishment deed it cannot be said that transferee is divested of his title to the property - On non execution of the relinquishment deed the only..........
Agreement to sell -- Suit for specific performance - Relief of possession though not claimed in suit and not granted in the decree for specific performance - Executing Court can grant the said relief in execution proceedings. (Specific Relief Act, 1963, S.22)...........
Specific Relief Act, 1963, Section 34, 31 -- Registered documents - Cancellation - Simpliciter suit for declaration of title is not maintainable - Signatory to the document can only seek cancellation of the deed as contemplated under S.31 of the Specific Relief Act...........
Evidence Act, 1872, Section 102 -- Burden of proof - On whom lies - Plea of plaintiff is that suit land is a mango garden, that there is hut in it and that defendant is their watchman - Defendant's plea is that suit land is partly mango garden and partly dry land and that he is a tenant - Burden is on the person who would fail if no evidence at all were given on either..........
Agreement to sell -- Suit for specific performance - Ready and willing - Plaintiff should plead and prove his readiness and willingness to perform his part of the contract - Mere taking of a plea in the plaint is not sufficient - Plaintiff should prove with cogent evidence his readiness and willingness to perform his part of the contract at all material times i.e. from the..........
Agreement to sell -- Suit for specific performance - Agreement of sale of immovable property - Normally time will not be essence of contract unless specifically intended - Party making false allegations not entitled to equitable relief - Discretion not to be exercised arbitrarily by Court but be guided by judicial principles...........
