Agreement to sell -- Specific performance - Absence of signature of purchaser on agreement - If document is executed by owner of property, purchaser is entitled to file suit for specific performance...........
Agreement to sell -- Specific performance - Serious civil and criminal disputes were pending between parties in respect of family properties including suit property - Even the agreement to sell surrounded with suspicious circumstances - Invocation of S.20 of the Specific Relief Act in such circumstances, would give plaintiff an unfair advantage over defendants - Plaintiff..........
Specific Relief Act, 1963, Section 41(b) -- Injunction - Cannot be issued in favour of plaintiff to obstruct execution of decree, particularly, when he failed to prima facie establish his ownership and possession over house in dispute...........
Civil Procedure Code, 1908, Section 100, Companies Act, 1956, Section 10F, 397, 398 -- Company Petition - Lease of Industrial Plot - Jurisdiction - There is no provision in S.10F of the Act which is akin to provisions contained in S.100(4) CPC - No case for winding up is made out so as to justify the exercise of powers u/ss 397, 398 of the Act by CLB, would hardly require..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit for specific performance - Reason for non service of summons is no, availability of defendant when summons were about to be served - Despite correct address given, no steps were taken by plaintiff to serve defendant on correct address - Even otherwise, suit property is valuable and..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Violation of decree has to be proved by DH for attracting action in execution of judgment and decree U.O.21.R.32 CPC - Even if, there is no violation of decree as on date in terms of specific instance, that itself will not preclude DH from taking action in terms of O.21.R.32 CPC at a subsequent stage, when such..........
Specific Relief Act, 1963, Section 34, Civil Procedure Code, 1908, Section 47, Order 21, Rule 90 -- Suit for declaration of tile - Plea that auction sale is not binding on ground of fraud - Remedy for setting aside sale on ground of irregularity or fraud is by way of filing application U.O.21.R.90, S.47 CPC and not by filing a civil suit...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Claiming ownership on basis of agreement to sell - Suit is not maintainable - Only remedy available to plaintiff is to file suit for specific performance of agreement to sell...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration and permanent injunction - Maintainability - Once plaintiffs have failed to prove their title over vacant suit land, they cannot claim that they are in possession of it - Since physical possession of land is not with plaintiffs, simplicitor suit for declaration and permanent injunction, not maintainable...........
Indian Penal Code, 1860, Section 302, 324, 326, 147, 149 -- Murder - All the five eye witnesses have named A1 to A7 - Other accused have not been named by PW11 and PW18 - PW10 attributed specific role only to A1 to A7 in assaulting deceased - Conviction of A1 to A7 upheld - However, benefit of doubt given to A10 and A11, as they have not been named by PWs...........
