Agreement to sell -- Specific performance - Defendants contended that agreement to sell is a fabricated document - However, they failed to appear and adduce evidence before trial Court and state their case on oath and offer themselves for cross examination by other side - Presumption rightly drawn against them that case set up by defendants is incorrect - Possession of..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written Statement - Not filed within time - Suit for possession by way of specific performance as well as permanent injunction - Keeping in view nature of suit and the fact that in case defendant is not permitted to file his written statement, great injustice would be occasioned to him - One opportunity is thus, granted to..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Petitioner sought to invoke summary jurisdiction of Court U.O.12.R.6 CPC by relying upon certain statements purportedly made by plaintiff in independent criminal proceedings before a criminal Court relating to dishonour of cheques - However, statements relied upon by petitioner do not qualify as clear,..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that decree is illegal, null and void and not binding upon rights of plaintiff and same is liable to be set aside as decree is obtained on the basis of forged signatures - No family settlement was brought on record on the basis of which judgment and decree was passed - Once plaintiff had not signed the plaint..........
Specific Relief Act, 1963, Section 38 -- Injunction - It is proved on record that part of suit property has been encroached upon by defendants and they have raised construction of pucca house over it - Suit of plaintiff does not lie for injunction - Plaintiff can seek possession of portion of suit property found to be in possession of defendants...........
Bharatiya Nyaya Sanhita, 2023, Section 64, 74, 75, 79, 354(2), 3(5), Information Technology Act, 2000, Section 67A, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Offence u/Ss. 64, 74, 75, 79, 354(2), 3(5) BNS and S.67A IT Act - Anticipatory Bail - No specific allegations of sexual or abuse made against petitioners 2 to 4 apart from threats to implicate..........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction simpliciter - Maintainability - Where question of title is not in dispute then suit simpliciter for permanent injunction is maintainable...........
Specific Relief Act, 1963, Section 39 -- Suit for mandatory injunction seeking direction to defendant to execute sale deed in favour of plaintiff on the basis of agreement to sell in his favour - Plaintiff filed suit for mandatory injunction instead of suit for specific performance as such suit is not maintainable - Furthermore defendant Nos.1 & 2 executed sale deed in..........
Indian Penal Code, 1860, Section 420, 406, 120B -- Cheating - Specific allegations not levelled against petitioner - Omnibus allegations have been levelled against petitioner that he alongwith others demanded money - Apparently, he was of age of approximately 19 years and a student of College at the time when FIR was registered - Allegations pertain to even earlier while..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Petitioners claimed that prior agreement to sell was executed in their favour before execution of present agreement to sell - Certain portions of land are also stated to have transferred to them by way of different sale deeds - Some litigation is stated to be pending..........
