Specific Relief Act, 1963, Section 34 -- Title to an immovable property - Proof of - Held, it is the settled principle of law that title follows possession - If a person claims title to an immovable property, he has to prove his possession thereof as otherwise such title has got no value at all - However, that does not mean that the title thereof has been extinguished..........
Civil Procedure Code, 1908, Order 1, Rule 9, 13, Specific Relief Act, 1963, Section 34 -- Suit for declaration - Non-joinder of necessary parties - There was no issue of no, joinder of necessary parties - Point was not raised at the time of trial and no issue was framed thereof - Held, First appellate court would not consider it as a ground for dismissal of the judgment..........
Agreement to sell, Civil Procedure Code, 1908, Order 1, Rule 9 -- Specific performance - Suit filed by a person claiming a decree for specific performance of agreement to sell, executed between two different parties, be passed in favour of the plaintiff in a suit, he being a nominee of the vendee, without the vendee in the agreement to sell being a party in the suit, will..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 499, 500, 501, 502, 34, 5, 7 - - Defamation - Quashing of complaint - Prosecution of Chairperson and Managing Director of publication company - No specific averments in complaint against them - Allegations made by complainant are prima facie vague and based on presumptions - Held, in absence of..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Prosecution of directors - Quashing of - There is no specific, clear and unambiguous allegations as to how and in what manner petitioner was responsible for conduct of business - No specific role assigned to petitioner in respect of..........
Agreement to sell -- Specific performance - Ready and willing - S.16(c) Specific Relief Act postulates continuous readiness and willingness on the part of plaintiff and it is condition precedent for obtaining a decree of specific performance of a contract. (Specific Relief Act, 1963, S.16(c)...........
Agreement to sell -- Specific performance - Ready and willing - Pleading and proof - No specific phraseology or language is required to take such a plea - The provision of S.16(c) of The Specific Relief Act, 1963 does not require any specific phraseology but only that the plaintiff must aver that he has performed or has always been and is willing to perform his part of the..........
Specific Relief Act, 1963, Section 34 -..........
Civil Procedure Code, 1908, Order 39, Rule 1,2 -- Temporary injunction - Suit for specific performance - Restraining defendant from alienating the suit property - Suit filed more than six years after the expiry of the target date stipulated for sale deed - Temporary injunction not granted in the interest of justice - However, direction issued that in the event of..........
Civil Procedure Code, 1908, Order 39, Rule 1,2, Specific Relief Act, 1963, Section 41(h) -- Temporary injunction - Suit for injunction not maintainable when plaintiff had equally efficacious remedy to seek specific performance but has not sought the said relief - Held, if suit for permanent injunction itself is not maintainable, then question of granting temporary..........
