Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for declaration with consequential relief of permanent injunction - Plaintiff challenged the release deed among blood relations - It is specific assertion made in the plaint about release deed that it is illegally and fraudulently got executed and registered without consideration - Possession not claimed by..........
Criminal Procedure Code, 1973, Section 439, Prevention of Money Laundering Act, 2002, Section 3, 44, 45 -- Bail - Money laundering - Specific role attributed to accused - Registration of present complaint is sequel to registration of FIR for predicate offence - No final report was filed for predicate offence for past nine years - Accused is a Chartered Accountant by..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Suit for specific performance - No explanation as to why plaintiffs remained silent for a period of 12 years from the date on which the complete balance sale consideration was paid by plaintiffs till the date on which the legal notice was issued to defendants - There is no..........
Agreement to sell -- Oral agreement to sell - Specific performance - Plaintiff and defendants were close friends - Payment of Rs.70,000 and handing over possession of suit block thus, not sufficient in the absence of cogent and reliable evidence to establish the oral agreement for sale - Burden is on plaintiff to prove with certainty that there was an oral agreement of..........
Agreement to sell -- Specific performance - Time essence of contract - When specific performance of terms of contract has not been done, question of time being the essence does not arise...........
Agreement to sell -- Specific performance - Readiness and willingness - Defendants contended that plaintiff was not having sufficient funds to pay balance sale consideration - Contention has no substance as plaintiff successfully established her readiness and willingness to perform her part of contract by paying balance sale consideration...........
Agreement to sell -- Specific performance - Readiness and willingness - Defendants failed to perform their obligation with regard to demarcation of property - Unless vendor got subject land measured and demarcated within three months it is impossible for purchaser to get sale deed executed - Question of paying balance sale consideration as such, does not arise - However,..........
Agreement to sell -- Refund of advance amount - If there is a specific forfeiture clause on non-performance of agreement by vendee entitling vendor to forfeit money advanced to him, vendee cannot have a premium on his non-performance and claim that forfeited amount should be refunded to him...........
Agreement to sell -- Refund of advance amount - Non-performance of agreement by plaintiff - Court committed error by passing decree in favour of plaintiff to pay double amount of earnest money - If there is a specific forfeiture clause on non-performance of agreement by vendee entitling vendor to forfeit money advanced to him, vendee cannot have a premium on his..........
Specific Relief Act, 1963, Section 38, 39, Civil Procedure Code, 1908, Section 100 -- Suit for mandatory and permanent injunction - Concurrent findings of facts with regard to existence of subject public way and obstruction of right of way by defendants - No illegality, infirmity or perversity in said concurrent findings - Suit rightly decreed in favour of plaintiffs -..........
