Agreement to sell -- Un-registered - Suit for specific performance - Possession of suit property was handed over to plaintiff at the time of execution of sale agreement - Plaintiff thus, cannot seek any remedy under unregistered agreement to sell...........
Indian Penal Code, 1860, Section 328, 354B, 385 -- Offence u/ss 328, 354-B, 385 IPC - Framing of charge - Allegations made by victim against accused are specific and she has assigned role to accused - Veracity of her statement could only be tested during course of her cross-examination - Accused and victim were known to each other prior to incident and thus, whether..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Company - Director of Company - Absence of specific averment that he is involved in day to day affairs of the company - General allegation that applicant is Director of company - Summoning order qua applicant quashed...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306, 498A, 114, Dowry Prohibition Act, 1961, Section 3, 7 -- Anticipatory bail - Abetment of suicide - Allegations against father-in-law and mother-in-law of deceased - General allegations are alleged for demand of dowry and cruelty in the FIR, without there being any specific instances and..........
Easement Act, 1882, Section 60 -- Irrevocable licence - Benefit of S.60(b) of the Act, does not appear to have been specifically raised in written statement - Issue claiming benefit of S.60(b) of the Act is a mixed question of fact and law, which requires a specific plea to be taken in written statement and then evidence led by parties on the issue framed...........
Agreement to sell -- Suit for specific performance - Without seeking relief of cancellation of sale deed executed by vendor in favour of subsequent purchaser - It is not always obligatory for vendee/plaintiff to seek cancellation of sale deed executed in favour of subsequent buyer - However, plaintiff can join such buyer as co-defendant with original vendor provided that..........
Agreement to sell -- Suit for specific performance - Without seeking relief of cancellation of sale deed executed by vendor in favour of subsequent purchaser - Where subsequent purchaser in paying the money lacked in good faith and purchased the subject property despite knowledge of original contract, there is no need for plaintiff to seek cancellation of sale deed in..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration and recovery of possession - Source of title is sale deed under which grandfather of plaintiffs purchased property, which devolved upon father of plaintiffs after death of grandfather of plaintiffs - Property in question was in possession of plaintiffs till the year 2002 and same was cultivated by brothers of..........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Against true owner - An injunction cannot be issued against a true owner or title holder and in favour of a trespasser or a person in unlawful possession...........
Specific Relief Act, 1963, Section 37, 38 -- Permanent injunction - Once dispute with respect to title is settled and it is held against plaintiff, in that case suit for permanent injunction shall not be maintainable against true owner...........
