Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction simplicitor - Without seeking relief of declaration regarding title/ownership would not be maintainable, if dispute of title/ownership is in issue...........
Agreement to sell -- Specific performance - Defendants have not disputed their signatures on agreement in question, though they pleaded that same was obtained by plaintiffs by exercising pressure/misrepresentation - However, no evidence adduced in this regard by defendants - Plaintiffs have adduced sufficient documentary material to establish valid execution of agreement..........
Agreement to sell -- Specific performance - Relief of specific performance cannot be granted against a person compelling him to enter into an agreement with a third party and seek specific relief against such a third party...........
Agreement to sell -- Specific performance - A person not party to the suit agreement of sale cannot be compelled by Court to enter into an agreement with the defendant...........
Agreement to sell -- Specific performance - Plaintiff has specifically averred that though defendants had neither obtained ITC certificate nor had revenue records corrected, they were threatening to dispossess him and create third party rights over suit property - Even, defendants have specifically stated that they were entitled to create third party rights - Concurrent..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21 -- Impleadment of a party - Limitation - When there is bonafide mistake done in good faith, matter relates back to original date of filing of suit and impleadment of parties to suit cannot be refused on the ground of limitation...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21 -- Impleadment of a party - Amendment of plaint - Suit for specific performance - Petitioners are necessary parties to suit and due to bona fide mistake they were not named in the suit - However, trial Court dismissed the application for..........
Indian Penal Code, 1860, Section 376, 511 -- Rape or attempt to rape - Statements of informant and victim regarding commission of offence of rape appears to be clear improvement in prosecution version - However, there is specific allegations in the FIR regarding attempt to rape - Medical examination of victim shows that there were two marks of abrasion as also two marks of..........
Specific Relief Act, 1963, Section 20, Indian Contract Act, 1872, Section 18, 19 -- Agreement to sell - Suit for specific performance - Document obtained by misrepresentation is voidable and has to be set aside - Failure to do would render decree of specific performance on basis of oral agreement to sell will be null and void and non est...........
Agreement to sell -- Oral - Specific performance - Bona fide purchaser - Vendor sold property prior to oral agreement to sell - Purchaser would be a bona fide purchaser...........
