Specific Relief Act, 1963, Section 22(2) -- Specific performance - Relief of possession - Provision of S.22(2) of the Act is discretionary - In a decree for specific performance one need not specifically claim possession which is mere ancillary - Expression `at any stage of proceedings' is wide enough to allow the plaintiff to seek relief of possession even at the..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to Muslim wife - Specific averment of dowry demand as well as cruelty has been made by wife in her statement and in her application - Wife stated that her in-laws had mentally tortured and thrown her from house, therefore she was living in her parental home - Since salary of husband is Rs.47000/- p.m, maintenance @..........
Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Extension of time to deposit balance sale consideration - Trial Court in its discretion granted extension of time for depositing balance sale consideration assigning cogent reasons - Plaintiff deposited the balance sale consideration and sale deed was executed in his favour - High Court therefore,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to claim alternative relief while giving up relief of specific performance - Basic character of suit will not be changed on allowing such an amendment - Even otherwise, plaintiff is entitled to seek alternative/additional relief - Order dismissing application set aside...........
Agreement to sell -- Specific performance - Plaintiff paid 80% of entire sale consideration to defendants and were ready to pay remaining sale consideration - Even, plaintiffs presented themselves in the office of Sub-Registrar for getting sale deed registered and executed - Plaintiffs were indeed ready and willing to perform their part of agreement to sell - Suit rightly..........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction on the basis of Will - Title under cloud - Suit for permanent injunction is not maintainable without claiming relief of declaration...........
Judicial service -- Misconduct - Withholding of 70% of pensionary benefits - Appellant had misconducted himself while discharging his duties as a judicial officer and had passed judicial orders in utter disregard of specific provisions of law to unduly favour subsequent purchasers of acquired lands, who had no right to claim compensation and that such orders were actuated..........
Arbitration and Conciliation Act, 1996, Section 31(7)(a) -- Arbitral award - Interest - If there is specific agreement between parties with regard to payment of interest then Arbitral Tribunal will cease to have any discretion and would be bound by agreement between parties - In the absence of such an agreement between parties Arbitral Tribunal has discretion to award..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - While exercising jurisdiction u/s 482 Cr.P.C, High Court should not ordinarily embark upon an enquiry into whether there is reliable evidence or not - Jurisdiction has to be exercised sparingly, carefully and with caution only when such exercise is justified by specific provisions of S.482 Cr.P.C..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a third party - Suit for declaration that sale deed is null and void - Applicant sought his impleadment on the basis of agreement to sell - However, he has not got any direct or legal interest involved in controversy in suit and that too when suit for specific performance or suit for declaration of a sale..........
