Clean hands -- Plaintiff not approached Court with clean hands - Denial of relief of specific performance by Courts below, confirmed...........
Agreement to sell -- Specific performance - Actual consideration fixed by parties was more than as claimed by plaintiff - Plaintiff has not approached Court with clean hands - Denial of specific performance is proper - However, defendants cannot be allowed to be unjustly enrich themselves, thus, directed to return the advance sale consideration of Rs.15 lakhs with 6%..........
Specific Relief Act, 1963, Section 38, 34 -- Suit for injunction simplicter without seeking relief of declaration - Plaintiff asserted his title over trees grown in the suit land - Defendants however, specifically stated that trees were sold along with suit property - When there was a clear cloud cast on plaintiff's title over trees, plaintiff must ask for relief of..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Specific allegations raised against accused - Offence u/s 498-A IPC is made out against accused - Proceedings qua accused u/s 498-A IPC cannot be quashed - Petition for quashing dismissed...........
Indian Penal Code, 1860, Section 376, 511, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Attempt to rape - Victim alleged the commission of rape in her statement before Court while in her statement before Magistrate no such claim was made - Medical evidence shows no external or internal injuries on the victim - Hymen of victim was found intact -..........
Specific Relief Act, 1963, Section 34, Evidence Act, 1872, Section 102 -- Suit for declaration of title - Burden of proof - Burden always lies on plaintiff to make out and establish a clear case for granting such a declaration and weaknesses, if any, of the case set up by defendant would not be a ground to grant relief to plaintiff...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title and recovery of possession after evicting defendants - In a suit for ejectment based on title, it was incumbent on the part of Court to record a finding on the claim of title to suit property - Court is also bound to enquire or investigate that question on first before going into any other question that..........
Specific Relief Act, 1963, Section 37, 38, 41(j) -- Suit for injunction - When plaintiff has no personal interest in the subject matter, he is not entitled to seek equitable relief of injunction...........
Indian Penal Code, 1860, Section 304 -- Offence u/s 304(Part I)PC - Specific case of eye-witnesses is completely belied by medical evidence on record - Witnesses of fact alleged that deceased was badly beaten with fists and kicks and later his head was banged on the wall but neither any injury is found on the head nor any signs of injury are shown on the face or forehead..........
Agreement to sell -- Suit for specific performance - Limitation - Sale deed was to be executed and registered within one month - At the end of document a clause incorporated that said agreement will be valid for five years - Reason for incorporating this clause not spelled out - However, it does not change the date fixed for the performance...........
