Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commission for local inspection - Eviction suit - Tenant wanted to prove the fact of availability of vacant rooms with landlord - Normally though a commission application to collect evidence after commencement of trial is not justified - However, during cross-examination, PW1 stated his preparedness to take out..........
Criminal Procedure Code, 1973, Section 439(2) -- Fifth bail application - Bail granted - Cancellation of bail - Bail granted by holding that no overt act is assigned to accused whereas there is specific allegation that accused actively aided the commission of crime by furnishing information about movements of deceased - High Court failed to consider seriousness and gravity..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that sale deed is null and void - Sale deed executed in excess acquired under the Will - Will, held not revoked, by executing an agreement in between some of the beneficiaries - Held, sale is valid only to the extent of land which was bequeathed in favour of vendor under the Will - It will be open for the..........
Hindu Marriage Act, 1955, Section 25(1) -- Permanent alimony - Unchastity of wife - Factum of unchastity of wife was required to be pleaded and proved by adducing specific and cogent evidence - Husband failed to do either of same - Mere bald statement in evidence of husband would not be a substitute of proof of wife being unchaste - Wife is entitled to maintenance from..........
Civil Procedure Code, 1908, Section 41 -- Remand - Suit for permanent injunction - Appellate Court remanded the matter back to trial Court on the ground that trial Court had not recorded specific conclusion with regard to plot in question - However, judgment of trial Court reveals that categorical finding has been recorded in it with regard to ownership and possession of..........
Lease/Tenancy -- Right of tenant to purchase tenanted property - Tenant stated that landlord orally offered him to sell the lands and he paid full consideration - Documents in question categorically referred to sale transaction, clearly spelling out that amount was towards an installment payable as consideration for purchase of property - Contention of landlord that said..........
Agreement to sell -- Specific performance - Readiness and willingness - While proving readiness and willingness plaintiff is not required to make any averment that plaintiff required executant of agreement to sell to attend the office of Sub-Registrar to execute sale deed within time agreed...........
Agreement to sell -- Specific performance - Relief of specific performance - Plaintiff cannot be punished by refusing the relief of specific performance despite the fact that execution of agreement is established and proved and he is found to be always ready and willing to perform his part of the contract...........
Agreement to sell -- Specific performance - Discretion to grant relief of specific performance - Discretion u/s 20 of Specific Relief Act is required to be exercised judiciously, soundly and reasonably. (Specific Relief Act, 1963, S.20)...........
Specific Relief Act, 1963, Section 10(a) -- Provision of S.10(a) inserted by amendment to the Act, though may not be applicable retrospectively but can be a guide on the discretionary relief...........
