Specific Relief Act, 1963, Section 34, Specific Relief Act, 1963, Section 34 -- Suit for declaration, recovery of possession and rectification of revenue entries - Plea that in view of re-arrangement between the parties as agreed, the suit land was mutated in the name of defendant and that plaintiff is estopped by agreement dated 24.01.1993 and thus suit is not..........
Agreement to sell -- Specific performance - Claim for damages - Relief of damages not claimed - Even in appeal, no relief for damages claimed by appellants - Relief of damages cannot be granted to appellant. (Specific Relief Act, 1963, S.21(5)...........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12, Indian Penal Code, 1860, Section 148, 149, 323, 342, 506, 307, 302 -- Bail - Offence u/ss 148, 149, 323, 342, 506, 307, 302 IPC - Provision of S.12 of the Act had not even been considered and it was not even remotely observed therein that case of appellant is covered by any one of exceptions -..........
Agreement to sell -- Specific performance - Defendant admitted execution of sale agreement in his written statement but contended that same was executed only as a security - Since execution of agreement is admitted, entire burden is upon defendant to establish that sale agreement was executed only for security purposes - However, defendant failed to produce any document..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - No specific instance of misbehavior, misconduct, abuse etc. committed by wife disclosed in evidence of husband - Statement of husband without any detail and corroboration that attitude of wife was not good or that she was abusive towards him and his parents or that she was staying with..........
Agreement to sell -- Specific performance - Defendant denied the execution of agreement to sell in his written statement - Scribe in cross examination stated that no money transaction took place before him - In these circumstances, one of the attesting witnesses should have been examined by plaintiff to prove agreement to sell but plaintiff failed to do so - Part of suit..........
Criminal Procedure Code, 1973, Section 154 -- Second FIR - First FIR pertained to offences committed in the year 2019 after assurance was given by husband not to harass wife for dowry and treat her properly - However, despite assurance, all accused continued their demands and harassment - Second FIR though distinct and independent and based on separate transaction, but..........
Indian Penal Code, 1860, Section 498A, 323, 341, 379, 354, 34 -- Cruelty - General allegations against appellants - No specific and distinct allegations have been made against either of appellants - Allegations against appellant being general and omnibus, do not warrant prosecution...........
Indian Penal Code, 1860, Section 420 -- Cheating - Specific charge of forgery u/s 468 and 471 IPC is not proved - It is thus, difficult to prove consequential charge of cheating - Benefit of doubt thus, given to accused - Accused acquitted...........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 406 -- Non-framing of charge u/s 406 IPC - Offence u/s 406 IPC not the offence of same genus as Ss.420, 468 & 471 IPC or a lesser offence - Unless a specific charge is framed u/s 406 IPC, trial Court erred in convicting accused - Conviction and sentence u/s 406 IPC set aside...........
