Agreement to sell -- Specific performance - Defendant did not dispute his signatures on agreement - However, contention of defendant that blank stamp papers signed by him had been used for this purpose is not accepted by Courts below - Agreement to sell has been proved by plaintiff - Suit rightly decreed in favour of plaintiff...........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 18A, 3(i)(x) -- Anticipatory bail - Offence u/s 3(i)(x) of SC/ST Act - Specific allegations made against accused are not sufficient to show a prima facie case for offences alleged particularly under the provisions of SC/ST Act - It cannot be..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and for permanent injunction - Plaintiff did not choose to examine his vendors to establish his title and possession over suit property covered by sale deeds executed by vendors in favour of plaintiff - Vendors of plaintiff are best witnesses to depose their title and possession - Plaintiff thus,..........
Agreement to sell -- Specific performance - Readiness and willingness - Mere payment of 87% of total sale consideration - Does not establish readiness and willingness - Plaintiff has to show his readiness and willingness for fulfilling all of his obligations...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Once a person is in old settled possession of the property, he certainly cannot be evicted by force or illegally except by due process of law...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Once a person is in old settled possession of the property, he certainly cannot be evicted by force or illegally except by due process of law...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - In a suit where plaintiff pleads his lawful or peaceful possession over the suit property and his possession is interfered with or threatened by the defendant, plaintiff is required to establish his possession and as such has right to protect his possession against such unlawful interference...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - In a suit where plaintiff pleads his lawful or peaceful possession over the suit property and his possession is interfered with or threatened by the defendant, plaintiff is required to establish his possession and as such has right to protect his possession against such unlawful interference...........
Agreement to sell -- Breach of agreement - Plaintiff is entitled either for specific performance or refund of money - It is not mandatory that without filing the suit for specific performance of agreement, plaintiff cannot claim refund of earnest money...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Allegations against relatives of husband - In order to prosecute near and dear relatives of husband vague, general and omnibus statements are not sufficient and unless and until a specific allegation is made against near and dear relatives of husband, they may not be compelled to face ordeal of trial...........
