Specific Relief Act, 1963, Section 34 -- Title suit - Plaintiff claiming on the basis of sale deed whereas defendant claiming on basis of Will - Will duly proved to be genuine - Owner of property under Will was neither a party to sale deed nor his mother affixed her signature therein in the capacity of being his guardian - Title did not pass under the sale deed - Sale deed..........
Will -- Cancellation - Registered Will - Instrument referred in S.31 Specific Relief Act also includes a Will - Competent civil Court has to be approached for cancellation of the same...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of civil death of a person on the ground that he is missing for more than 7 years - Suit is maintainable and not barred u/s 34 of the Act merely because further relief was not claimed...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Trial Court, without assigning sufficient ground for substratum of constituting the offence, has wrongly observed that the role of petitioners is suspicious - No specific or cogent reasons have been assigned by Court as to how petitioners are involved in crime - Reasoning that police authority..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate Court - Suit for specific performance - Suit filed in the year 2006 and judgment passed in 2010 - Judgment sought to be marked is in respect of a partition suit filed in the year 2014 in between defendants and his family members who are claiming rights over property - Application dismissed as..........
Agreement to sell -- Specific performance - Plaintiff failed to show that agreement to sell was qua the suit land - Relief of specific performance rightly denied - Decree for recovery of Rs.2 lakhs alongwith future interest of 6% from the date of decree till realization is proper...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Accused had by their act and consecutive course of conduct, constituted such circumstances that deceased was left with no other option except to commit suicide - On the grounds of these repeated ferocious acts of accused, an instigation may have to be inferred by trial Court while framing charge u/s 306 IPC -..........
Agreement to sell -- Specific performance - When an agreement to sale is executed but it cannot be specifically performed without permission or sanction of any authority, suit can be decreed and decree for specific performance can be granted subject to obtaining such permission/sanction from competent authority...........
Agreement to sell -- Specific performance - Previous sanction before conveyance - Conveyance by way of sale would take place only at the time of registration of a sale deed in accordance with S.17 of Registration Act - Till then there is no conveyance - Therefore, there is no bar to enter into an agreement to sell without previous sanction. (Maharashtra Land Revenue Act,..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of ownership in possession - Civil Court cannot grant declaration on the basis of revenue records - It is duty of plaintiff to produce document of title...........
