Agreement to sell -- Specific performance - Grant of decree of specific performance - It is desirable to give reasons but not imperative so long as it is evident to any superior Court hearing an appeal that direction to grant specific performance is based on relevant considerations borne out from the record - Absence of reasons would not vitiate the decree. (Specific..........
Agreement to sell -- Specific performance - 92% of sale consideration paid - Plaintiff has performed almost whole of his obligation under suit agreements - He remained present before Sub-Registrar for execution of sale deed but defendant did not appear - This conduct of plaintiff in chasing defendant to execute a sale deed is relevant - Defendant had been trying to evade..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 18A, 3(2)(v), Indian Penal Code, 1860, Section 376(2)(n), 506, 354(A)(1)(i), Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Rape - Specific case of victim is that she was subjected to rape after giving her a cake and a bottle of water by accused and later she felt..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Specific conditions as stipulated u/s 37 of NDPS Act for purpose of granting bail, cannot be ignored by Court while exercising power u/s 439 Cr.P.C, merely because some time elapsed since the date of arrest of accused...........
Partition suit -- Oral partition had taken place between three sons of original owner - One of sons sold certain portions of suit properties - Predecessor of plaintiffs also purchased certain specific portions of suit properties from said son - There is thus, partition between parties and brothers were enjoying the properties as their absolute properties - Suit for..........
Adverse possession -- Material on record does not suggest that defendants had ever expressed their specific hostile animus to hold possession of suit land as owners by denying title of plaintiff or his predecessor-in-interest - Defendants thus, not perfected title over suit land by way of adverse possession...........
Agreement to sell -- Specific performance - Agreement in question was contingent upon the fact that once defendants were conferred with Bhumidari rights they would execute sale deed in favour of plaintiff - Plaintiff issued two notices after bhumidari rights were conferred upon defendants, which was not responded - Entire sale consideration was already paid - Now there is..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that sale deed is null and void - Suit is not maintainable without seeking possession, when plaintiff is not in possession...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - No specific allegation of behavioral misconduct amounting to cruelty has been made in his pleading or evidence with reference to date, place and nature of cruelty except allegation that she refused to cohabit with him - Even, such allegation is also not proved - Divorce petition..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Suit for permanent injunction simpliciter filed by plaintiff is not maintainable in the absence of any prayer for declaration of his title especially when defendant's title has been proved by registered sale deed and her possession has been proved...........
