Agreement to sell -- Specific performance - Plaintiff has proved the service of notice of demand to the defendant - Suit is filed within limitation and subsequent purchasers did not raise a plea of delay and laches - There are concurrent findings of three Courts on the issue of readiness and willingness shown by first plaintiff - No interference warranted in said findings..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Service of notice - Legal notice was sent on 19.12.2018, therefore, for want of any specific averment and proof of service, if the presumption of service of notice in reasonable time is raised, it should be deemed to have been served at best within a period of 30 days, from the date of its post i.e...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Plaintiff is claiming title and possession over suit land alleging that proprietor of village, had settled the suit land in his favour - It stands proved by Amin report and Hukumnama as well as the Rent receipt - Order of Additional Collector directing realization of rent from plaintiff also confirms..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchaser - Limitation - Suit for specific performance - Question of limitation would be applicable only when sale deed is sought to be challenged and not when a party sought to be impleaded...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchaser - Suit for specific performance - Subsequent purchaser would be affected in the event of decree and it would be in his interest to be party to suit - Moreover, in a suit for specific performance, it is prerogative of plaintiff to implead subsequent purchaser being the dominus litus -..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - An order allowing application u/s 311 Cr.P.C. should have specific reasons explaining how re-calling and re-examination of witnesses are necessary for the just decision of the case - Cryptic non speaking order would not suffice...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Bribe amount of Rs.2000 was allegedly handed over to accused when demanded by accused on the day of trap - However, Rs.500 was recovered from co-accused from his table drawer who was in other room - No evidence placed as to when accused went to co-accused and placed said amount in his..........
Evidence Act, 1872, Section 108 -- Presumption of death - Missing person - Son of petitioner was missing in the year 2005 - Since then whereabouts are not known - It is thus, left open for petitioner to file civil suit in terms of S.108 of the Act and S.34 of Specific Relief Act and obtain necessary orders from the competent civil Court in accordance with law...........
Civil Procedure Code, 1908, Section 96 -- Appeal - By a person not party to suit - Suit for specific performance - Appellants claimed to be joint owners of property which was decreed in favour of plaintiff - They would naturally be bound by impugned decree and would be actually aggrieved persons - Appellant's title to joint ownership of suit property is not being decided..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband has to plead and prove the cruelty with specific instances by producing acceptable legal evidence - However, he failed to do so - Divorce petition rightly dismissed...........
