Specific performance -- Writ petition under Article 226 of the Constitution is not maintainable and/or entertainable for specific performance of the contract and that too after a period of 10 years by which time even the suit for specific performance was barred by limitation...........
Civil Procedure Code, 1908, Order 21, Rule 34 -- Execution - Decree for specific performance - Sale deed executed without objections being called for and considered - Contravenes the provision of O.21.R.34 CPC - Impugned order set aside - Executing Court directed to consider the objections of JD to draft sale deed - In case sale deed which has been executed on the strength..........
Civil Procedure Code, 1908, Order 21, Rule 34 -- Execution - Decree for specific performance - Draft of sale deed in terms of decree delivered to Court - Objections thereto - Mere fact that contention of JD that decree itself is inexecutable was found meritless, would not absolve Court of its duty to proceed with the matter of considering draft sale deed and objections..........
Specific Relief Act, 1963, Section 31 -- Cancellation of a document - Can be sought by one who is a party to such written instrument - A person not a party to written instrument, cannot seek relief to cancel such written instrument on the ground that it is void or voidable - However, nothing prevents such person seeking declaratory relief as to legal character of right..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Without seeking relief of possession - Maintainability - Husband executed gift deed in favor of wife and retained possession and right to enjoy property in the gift deed itself - Possessory right and right to enjoy property would be available to wife only after demise of husband - Wife therefore,..........
Work Contract -- Specific performance - Writ of mandamus u/art 226 of Constitution cannot be issued, virtually granting relief of specific performance of contract/work contract...........
Work Contract -- Specific performance - Disputed questions of fact arise in the case such as whether in fact goods were manufactured as per specifications or not - In absence of any evidence and material on record and there being disputed questions of facts, High Court ought not to have passed impugned judgment and order directing appellant to continue work order and..........
Agreement to sell -- Specific performance - Defendant pleaded that no cause of action arose in the suit and suit was liable to be dismissed - Plea rejected, as defendant never chose such issue to be raised by filing application for rejection of plaint - More so, when said issue is not raised before Courts below, same cannot be raised in second appeal...........
Protection of Children from Sexual Offences Act, 2012, Section 29 -- Presumption u/s 29 of the Act - Presumption will operate only if foundation to the prosecution case is laid by leading legally admissible evidence - Such presumption cannot be understood to mean that in every case when a person is prosecuted for specific offences, prosecution version should be taken as..........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Rape case - Victim stated in her FIS that incident took place during Christmas holidays - However, while tendering evidence before Court, PW1 would state that she could not go to school for nine months due to stomach pain - Victim does not refer to time/period during which she could not go to school -..........
