Agreement to sell -- Suit for specific performance - Limitation - Once there is a specific date fixed for performance, limitation would be three years from the said date...........
Co-sharer -- A coparcener or co-sharer can alienate to the extent of his share, but he cannot alienate any specific piece of land...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Co-sharers - Where separate possession of defendant/co-sharer on a parcel of joint land is established, he has right to enjoy separate possession until same is disturbed by partition - He has every right to alienate his share out of joint land - No injunction can be passed against defendant for restraining him..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Primary liability for an offence u/s 138 of the Act lies with the Company, and the Company's management is vicariously liable only under specific conditions provided in S.141 of the Act...........
Indian Penal Code, 1860, Section 498A, 406, 504, 34, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Cruelty - Specific and categoric roles are attributed to each accused independently and collectively - Sole aim of accused appears to be to extort money from complainant and her parents, as even after driving her out of matrimonial home, they have..........
Agreement to sell -- Specific performance - Plaintiff has to stand on his own legs to establish that he has made out case for grant of relief of specific performance of contract...........
Agreement to sell -- Specific performance - Pleadings in a suit for specific performance have to be very direct, specific and accurate...........
Agreement to sell -- Specific performance - Readiness and willingness - To be pleaded and proved by plaintiff in a suit for specific performance...........
Agreement to sell -- Specific performance - Readiness and willingness - Defendant No.1 had issued legal notice requesting for payment of balance sale consideration but plaintiff kept silent - There is not even a notice by plaintiffs before filing suit of showing their readiness and willingness by tendering the amount of balance sale consideration and sending a draft sale..........
Agreement to sell -- Specific performance - Plaintiff made a payment of Rs.12,000/- on 24.05.1981 - Plaintiff was not ready and willing to get the sale deed executed and registered - To adjust equities, defendant directed to compensate plaintiff by paying an amount of Rs.24 lakhs in lieu of advance and further Rs.Six lakhs as cost of litigation...........
