Transfer of Property Act, 1882, Section 54, Specific Relief Act, 1963, Section 31, Indian Contract Act, 1872, Section 25 -- Sale deed - Cancellation of sale deed - Sale deed alleged to be executed without receiving any consideration - An agreement made without consideration cannot be held as void, if it is registered under Law or it does not mention about unpaid..........
Transfer of Property Act, 1882, Section 54, Specific Relief Act, 1963, Section 31, Indian Contract Act, 1872, Section 25, Evidence Act, 1872, Section 91, 92 -- Sale deed - Cancellation of sale deed - Sale deed alleged to be executed under coercion and threat and without receiving any consideration - In the sale deed, it is mentioned that sale consideration was received by..........
Agreement to sell -- Specific performance - Concurrent findings of facts of three Courts in favour of plaintiff with regard to plaintiff having proved his readiness and willingness to perform his part of contract - Plaintiff deposited the amount as directed by trial Court before execution of sale deed - No interference warranted in said findings - Suit rightly decreed...........
Agreement to sell -- Specific performance - Agreement in question is executed in the year 2000 and sale deed was got executed through Court Commissioner in the year 2008 - Since present appeal is decided in 2022, Court deems it proper to direct plaintiff to pay a reasonable amount over and above the amount already deposited by him towards sale consideration - Plaintiff..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining State to interfere with possession of plaintiffs - Suit land was never acquired nor was compensation paid - Possession of suit land was also not taken over by State - Land in question never vested in State - Predecessor of plaintiffs was owner of suit land - Relief of permanent injunction rightly..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302, 307, 341, 395, 143, 147, 149 -- Anticipatory bail - Murder - Specific acts attributed against accused that they participated in assaulting deceased - Medical opinion and FSL report also corroborate weapons used by accused as mentioned by witnesses in their statements - There exists sufficient..........
Indian Penal Code, 1860, Section 304B, 498A, 120B -- Dowry death - Cruelty - Allegation against mother-in-law and brother-in-law - No specific role with regard to demand of dowry, nor has any specific instance of cruelty and harassment been ascribed to accused persons except for general assertion - Even, there is no specific evidence led by prosecution relating to..........
Agreement to sell -- Specific performance - Adverse inference for non examination of Sarpanch who is neither a witness to agreement to sell nor instrumental in the contract - Plaintiff has only stated that he requested defendant many a times in presence of Sarpanch - Even, if plaintiff fails to prove that fact it is not sufficient to discard written contract - Moreover,..........
Agreement to sell -- Specific performance - There are no suspicious circumstances particularly when defendant after having taken a particular plea that agreement to sell is result of forgery, has failed to lead any evidence to substantiate the same...........
General provision and specific provision -- Where a statue contains both general provision and specific provision, the later must prevail...........
