Specific Relief Act, 1963, Section 34 -- Suit for declaration that sale deed is null and void - Sale deed executed on basis of Power of Attorney which original plaintiff no.3 never executed - There was specific denial of very existence of Power of Attorney - Onus was thus, on defendants to have either produced Power of Attorney on record or to have led cogent evidence to..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration without seeking relief of possession - Maintainability - Parties are co-owners of suit property - Suit for declaration without seeking relief of possession is maintainable...........
Tender -- Rejection of bid - For supply of Tablets for school children - Non-fulfillment of past performance - Notice inviting tender issued with specific past performance criterion that bidder ought to have supplied same or similar category products to extent of 60% of bid quantity in at least one of last three financial years - Bidder referring to several contracts..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Plaintiff executed power of attorney empowering defendant no.2 to sell property - Defendant no.2 has executed sale deed in favour of defendant no.1 - However, plaintiff contended that defendant no.2 was bereft of authority to transfer the property in view of fact that he..........
Family settlement -- Panchayat award in the form of resolution - Document styled as an award is only a memorandum of understanding/family arrangement to be acted upon in future - Such award not creating right in any specific item or asset of the joint family properties - There was no right created in favour of any party - Such document does not require registration...........
Family settlement -- Panchayat award in the form of resolution - Document styled as an award is only a memorandum of understanding/family arrangement to be acted upon in future - Such award was a mere arrangement to divide the properties in future by metes and bounds as distinguished from an actual deed of partition under which there is not only a severance of status but..........
Registration Act, 1908, Section 49 -- Unregistered sale deed - Issue of possession cannot be said as collateral purpose by relying on unregistered sale deeds - Such document can be received as evidence in a suit for specific performance as proof of agreement of sale and only for that purpose and for no other purpose...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406, 420, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of proceedings - Cruelty - Dowry demand - Specific allegations made in FIR in regard to demand for dowry - High Court committed error in quashing the proceedings - Order of High Court quashing proceedings set aside...........
Criminal Procedure Code, 1973, Section 218, 219, 220, Indian Penal Code, 1860, Section 420 -- Single charge - Conviction u/s 420 IPC on 26 counts - Allegation that accused cheated in distinct transactions at different point of time spread over a period of three years - However, only one charge was framed and not even complaints were obtained from other victims - Conviction..........
Registration Act, 1908, Section 49 -- Proviso - Scope - S.49 Proviso of the Act can only be invoked in cases of suit filed for specific performance and not in the suit in nature of declaration, permanent injunction and cancellation of sale deed, as same is not a collateral transaction...........
