Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Territorial jurisdiction of Commercial Court - Pleadings are on record regarding existence of cause of action within territorial jurisdiction of Commercial Court - Court below did not deal with averments in specific and also failed to see documents filed with suit - Order of rejection of plaint set..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband has not been able to deny or rebut specific instances of ill-treatment stated to have been suffered by wife at his hands - He himself having by his own conduct brought matrimonial relationship at a point of irretrievable breakdown, cannot enjoy benefit of his misdeeds - Wife on..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Accused demanded bribe from decoy witness to effect mutation of his land - Conversation between accused and decoy witness in DVD proves that there was specific statement from the part of decoy witness to reduce the bribe amount - Though tainted notes were not..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for specific performance - Agreement executed on 24.01.2001 - Suit filed on 03.01.2022 - No date or period has been fixed for performance of agreement or for execution of sale deed - Defendant denied the agreement for the first time on 8.11.2021 by way of reply to notice -..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Co-owners - Where the plaintiffs are entitled to declaration of their half share in suit property, it is not open to them to maintain a suit for injunction as against other co-owners of remaining half share - Relief of injunction as prayed by plaintiffs in respect of entire property rightly rejected...........
Agreement to sell -- Specific performance - Defendant received entire sale consideration - Responsibility to get sale deed registered was on defendants - Plaintiff has proved that she had made a request to defendants to get sale deed registered and executed in her favour - She also proved her possession over suit property as purchaser - Suit rightly decreed in favour of..........
Agreement to sell -- Specific performance - Agreement dated 12.8.2004 as alleged by plaintiffs is insufficiently stamped - Plaintiff failed to prove such agreement - Defendants stated that they had not executed such agreement dated 12.8.2004 and on 2.8.2004 agreement between parties was executed - Signatures of defendants as well as witnesses were not obtained in front of..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Transposition of defendant no.2 as appellant no.4 - Suit for specific performance decreed in favour of plaintiff - Other defendants filed appeal against such decree - Defendant no.2 is co-owner of suit property as admitted by plaintiff - Plaintiff himself had arrayed defendant no.2 in suit filed by him - Defendant no.2 is..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Earlier suit filed for permanent injunction and subsequent suit filed for specific performance - Earlier suit withdrawn without permission to file fresh suit with respect to the suit land - Nothing on record to establish what was the cause of action of plaintiff in earlier suit - In the absence of any..........
Registration Act, 1908, Section 17 -- Agreement to sell - Suit for specific performance - Plea that agreement is not registered even when possession was delivered at the time of execution of agreement - There is finding of fact recorded by both the Courts below that possession of property was not delivered to plaintiff - No ground to disturb the factual finding...........
