Criminal Procedure Code, 1973, Section 216, 217, Protection of Children from Sexual Offences Act, 2012, Section 8, 11 -- Alteration/amendment of charge from S.11 to S.8 of POCSO Act - Specific allegations against accused on record that he had tried to remove prosecutrix from out of lawful custody and took her about 400 meters away from her house towards railway station -..........
Specific Relief Act, 1963, Section 38, 41(h) -- Injunction - Co-sharers - Restraining defendant from raising construction and alienating specific portion - Plaintiff has equally efficacious remedy of partition - Suit for injunction is not maintainable...........
Agreement to sell -- Suit for specific performance - Plea of loan transaction - Non-mentioning of interest in the agreement - Cannot be taken as a circumstance to doubt plea of loan transaction or accept the contention that parties actually intended to sell the suit land by way of agreement...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Contention that in application, there is no reference to number of days of delay which were sought to be condoned - Application for condonation of delay make specific reference with regard to date on which claim was required to be filed and date on which it was filed - Tribunal on making calculation has condoned..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Two elements to grant relief of mandatory injunction are : (i) necessity to prevent breach of an obligation by the intervention of the court and (ii) that such acts should be of that nature capable of enforcement by the court - Another crucial ingredient is that it should be `amenable for exercise of judicial..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - In the matter of a decree of eviction or a decree of recovery of possession, there is no scope for exercising judicial discretion - It is thus, not permissible to substitute relief of mandatory injunction in place of eviction or recovery of possession...........
Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, Section 6(19), 6(16) - - Specific endowment - Rock inscription in `Bakers Choultry' which governs the functioning of choultry provides for feeding of Brahmins during specified religious festivals - This is clearly a charity which benefits the `public' - Such rock inscription creates a `specific endowment' as..........
Agreement to sell -- Specific performance - In case there is stipulation in the agreement as to payment of damages in case of breach of agreement but there is no negative stipulation in the agreement that in that event specific performance cannot be sought then plaintiff is entitled to seek specific performance...........
Agreement to sell -- Specific performance - Stipulation in agreement as to recovery of damages in case of breach of agreement by defendant but conspicuous absence of a clause enabling specific performance of the agreement - It is a factor to be taken into consideration while exercising discretion u/s 20 of Specific Relief Act...........
Agreement to sell -- Specific performance - Stipulation in agreement as to recovery of damages in case of breach of agreement by defendant but conspicuous absence of a clause enabling specific performance of the agreement - Discretion exercised against grant of decree for specific performance...........
