Criminal Procedure Code, 1973, Section 439 -- Bail - Mere claim of innocence or undertaking to participate in the trial or contention of absence of specific allegation of any overt act cannot be assigned as reasons for grant of bail in a case of serious nature...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of party - Partition suit - Trial Court ignoring the fact that all sharers have not been made as parties and proceeded to decree the suit despite there is specific contention taken in written statement regarding non-joinder of necessary parties and also there is previous partition - Impugned order of rejecting..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Late production of documents - Suit for specific performance - Documents in question are necessary to prove capacity and readiness of plaintiff in the suit and are necessary to come to just conclusion - Moreover, no prejudice would be caused to defendant if documents are received - Application rightly allowed...........
Agreement to sell -- Specific performance - Plea of violation of Fragmentation Act - Suit filed after repeal of Fragmentation Act - Suit can be decreed without there being any violation to law once Fragmentation Act itself had been repealed - Moreover, defendants received the full consideration and had also transferred the possession of property in question, as such other..........
Suit for possession -- Suit for possession and mesne profits - Suit filed on the basis of agreement to sell, Power of Attorney, an Affidavit and a Will - No title can be transferred with respect to immovable property on the basis of an unregistered agreement to sell or on the basis of an unregistered General Power of Attorney - Even if agreement to sell and power of..........
Hindu Law -- Joint Family Property - Co-sharer in possession can transfer a specific portion of land and transferee is entitled to remain in possession till the partition...........
Specific Relief Act, 1963, Section 41(i) -- Injunction - Where conduct of plaintiff or his agent has been such as to disentitle him to assistance of Court, injunction can be declined...........
Agreement to sell -- Suit for specific performance - Ex parte decree against minor who was being represented by her mother and natural guardian - Court ought to have appointed a Court guardian as mandated U.O.32.R.3 CPC and failure to appoint such a Court guardian of minor, vitiates the entire judgment and decree...........
Agreement to sell -- Specific performance - Readiness and willingness - Readiness refers to financial capacity of plaintiff and willingness refers to conduct of plaintiff in seeking specific performance...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff has not produced any document to show his readiness i.e financial capacity - He has also not let any proof to show his willingness - No explanation given by plaintiff as to what transpired to wait for two long years to approach defendant for execution of sale deed after execution of agreement..........
