Agreement to sell -- Specific performance - Readiness and willingness - No document on record to indicate availability of balance sale consideration on the date when plaintiff had gone to office of sub-registrar and as on date of filing of suit property - Balance amount deposited only after suit was decreed at the first instance and not as on date of filing of suit -..........
Agreement to sell -- Specific performance - Subsequent purchaser - Presumption of connivance - Defendant No.1 sold the property to defendant No.2 - Since defendant No.1 lost interest in property, and did not choose to appear and defend suit, same is not presumption of connivance in absence of evidence to that effect...........
Agreement to sell -- Specific performance - Bona fide purchaser - Suit property sold by defendant No.1 to defendant No.2 after agreement to sell in favour of plaintiff - No evidence on record that defendant No.2 had knowledge of agreement in favour of plaintiff - Defendant No.2 is thus a bona fide purchaser - Since plaintiff failed to prove readiness and willingness to..........
Service -- Promotion - Post of Section Officer - Respondent appointed as electrician - There was no specific order of promotion promoting respondent to post of Section Officer - Only for some time, respondent was directed to look after work of Diary/Dispatch Section - However, designation of respondent is continued as electrician - Merely because an employee is given a..........
Customs Act, 1962, Section 25 -- Custom duty - Exemption - Import of chemical - Amended Notification permitting import of chemical without custom duty subject to certain terms and conditions issued in 1994 - However, entire consignment was imported under one advance licence issued to petitioner prior to 1992 - Fortuitous circumstance that part of consignment was actually..........
Protection of Women From Domestic Violence Act, 2005, Section 18, 19, 20 -- Domestic violence - Relatives of husband - No specific allegations as to how relatives of husband have caused acts of domestic violence - It is also not known as to how other relatives who are residents of Gujarat and Rajasthan can be held responsible for award of monetary relief to wife - As there..........
Indian Penal Code, 1860, Section 302, 325, 147, 148, 149 -- Murder - Common object - Unlawful assembly - Once formation of unlawful assembly at the time of committing offence is established, question of specific role of an individual member of assembly is rendered secondary - Prosecution, thus, need not prove any specific over act on part of each and every member of that..........
Rent and Eviction -- Sub letting of a part of the tenanted premises - Gives right to eviction from the whole premises - Tenant is liable to be evicted from the whole premises even in the absence of specific claim that by sub letting a portion, whole premises is liable to be vacated...........
Commissions For Protection of Child Rights Act, 2005, Section 13, 24 -- Whether S.13(2) of the Act places the two Commissions in water-tight compartments where they oust the jurisdiction of each other? - As per S.13(2) of the Act, if State Commission has already started an inquiry, then National Commission should naturally refrain from inquiring into the matter - However,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Irreparable harm - Question of irreparable harm to a party complaining of breach of contract does not arise if other remedies are available to the party complaining of the breach...........
