Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Issuance of cheque of Rs.6.70 lakhs towards partial liability - Plea that it is not mentioned as to what was the liability - However there is specific mention in the complaint as to the issuance of cheque of Rs.6.70 lakhs - Order to pay interim compensation of 20% of the..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Land in question was sold by father of plaintiff through registered sale deed in favour of defendants and they are in continuous possession of same - Plaintiff was well aware of the fact that land in question is mutated in the name of defendants long back still he neither instituted any proceedings..........
Limitation Act, 1963, Article 136 -- Execution - Limitation - Execution of decree for getting possession of property in a decree for specific performance - Limitation starts to run from the date of execution of sale deed and not from the date of decree...........
Specific Relief Act, 1963, Section 22(2) -- Specific performance - Relief of possession - Provision of S.22(2) of the Act is discretionary - In a decree for specific performance one need not specifically claim possession which is mere ancillary - Expression `at any stage of proceedings' is wide enough to allow the plaintiff to seek relief of possession even at the..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to Muslim wife - Specific averment of dowry demand as well as cruelty has been made by wife in her statement and in her application - Wife stated that her in-laws had mentally tortured and thrown her from house, therefore she was living in her parental home - Since salary of husband is Rs.47000/- p.m, maintenance @..........
Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Extension of time to deposit balance sale consideration - Trial Court in its discretion granted extension of time for depositing balance sale consideration assigning cogent reasons - Plaintiff deposited the balance sale consideration and sale deed was executed in his favour - High Court therefore,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to claim alternative relief while giving up relief of specific performance - Basic character of suit will not be changed on allowing such an amendment - Even otherwise, plaintiff is entitled to seek alternative/additional relief - Order dismissing application set aside...........
Agreement to sell -- Specific performance - Plaintiff paid 80% of entire sale consideration to defendants and were ready to pay remaining sale consideration - Even, plaintiffs presented themselves in the office of Sub-Registrar for getting sale deed registered and executed - Plaintiffs were indeed ready and willing to perform their part of agreement to sell - Suit rightly..........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction on the basis of Will - Title under cloud - Suit for permanent injunction is not maintainable without claiming relief of declaration...........
Judicial service -- Misconduct - Withholding of 70% of pensionary benefits - Appellant had misconducted himself while discharging his duties as a judicial officer and had passed judicial orders in utter disregard of specific provisions of law to unduly favour subsequent purchasers of acquired lands, who had no right to claim compensation and that such orders were actuated..........
