Specific Relief Act, 1963, Section 12(3) -- Part performance - Relinquishment could be made at any stage of litigation including the appellate stage - Claim of plaintiff for grant of benefit u/s 12(3) of the Act was, therefore, rightly not rejected by High Court on the simple ground that it was not made at the trial stage and had been made for the first time at the..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Decree for permanent injunction cannot be passed only on the basis of possession in pursuance of an agreement to sell...........
Agreement to sell -- Specific performance - Plaintiff made repeated demands to defendant to execute sale deed - Plea by defendant that plaintiff had not issued any notice asking him to execute the sale deed - There is no rule in evidence that a notice must always be in a written form...........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Judgment of First Appellate Court - Suit for specific performance - First appellate Court had formulated a point on the issue of readiness and willingness on the part of plaintiffs and thereafter discussing the evidence on record arrived at a just finding - First Appellate Court is fully justified in formulating a point in..........
Specific Relief Act, 1963, Section 38 -- Suit for injunction simplicter - Maintainability - If defendants do not dispute title of plaintiffs then suit should not fail only on the ground that matter has been filed only for injunction simpliciter and no main relief in the form of declaration has been prayed for...........
Criminal Procedure Code, 1973, Section 439, Maharashtra Control of Organised Crime Act, 1999, Section 21(4) -- Bail - When there is an embargo put in by a specific provision under a special enactment in the matter of grant of bail in respect of offences allegedly committed thereunder, power to grant bail should necessarily be subject to satisfaction of conditions mentioned..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Claimants have established their case that it was the truck which was involved in the accident with car wherein deceased was travelling - Specific plea of collusion as set up by insurance company not established - Death of deceased thus, caused by driving of truck by respondent no.2 in a rash and negligent..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, 34 -- Cruelty - Specific allegation against applicants that they used to demand a sum of Rs.10,00,000 from her for purchasing a car - Statements of parents and brothers of complainant supports her version with respect to demand of dowry and harassment meted out to her on account of failure to fulfill the demand - She..........
Agreement to sell -- Specific performance - Person who posing as title holder entered into an agreement to sale his property, cannot be allowed to assert subsequently that he had no title over property - Principle of estoppel would apply...........
Agreement to sell -- Specific performance - Outsiders cannot be allowed to defend right to unknown heirs of purchaser...........
