Indian Penal Code, 1860, Section 498A, 406, 420, 120B -- Cruelty - Allegations against family members of husband - General, vague and omnibus allegations were levelled against accused in the FIR - No specific role is attributed to accused except causal reference of their names mentioned in the complaint given to police which formed the basis for registration of FIR - FIR..........
Agreement to sell -- Specific performance - Readiness and willingness - Evidence by Power of attorney holder - Plaintiff cannot examine in his place, his attorney holder who did not have personal knowledge either of the transaction or of his readiness and willingness...........
Agreement to sell -- Specific performance - Readiness and willingness - Evidence by Power of attorney holder - Plaintiff cannot examine in his place, his attorney holder who did not have personal knowledge either of the transaction or of his readiness and willingness...........
Agreement to sell -- Specific performance - Agreement with only one of the co-owners - Suit filed on the last day of limitation inspite of having knowledge of sale deed executed in favour of defendant Nos.12 to 14 - Suit having been preferred after a long delay, plaintiff is not entitled for specific performance - Dismissal of suit by High Court, upheld...........
Agreement to sell -- Specific performance - Agreement with only one of the co-owners - Suit filed on the last day of limitation inspite of having knowledge of sale deed executed in favour of defendant Nos.12 to 14 - Suit having been preferred after a long delay, plaintiff is not entitled for specific performance - Dismissal of suit by High Court, upheld...........
Civil Procedure Code, 1908, Section 96 -- First appeal - First Appellate Court is required to address all the issues and determine the appeal upon assignment of cogent reasons - Therefore, it would be wholly improper to allow first appeal without adverting to the specific findings of trial Court...........
Indian Penal Code, 1860, Section 498A, 506, 34, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Cruelty - Dowry demand - Specific allegations against accused of committing cruelty on account of non-fulfillment of demand of dowry - Even, there are specific allegations that husband of complainant and her..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Plaintiffs claimed their ownership over suit property on the basis of sale deed - They have established the boundaries of disputed property given in their sale deed as disclosed in Commission report and Survey Commissioner Report - Plaintiffs have proved that they are owners of..........
Indian Penal Code, 1860, Section 302, 149, Arms Act, 1959, Section 27 -- Murder - I.O did not seize the blood-stained soil from the place of occurrence nor blood stained clothes of deceased were sent for necessary analysis to FSL - Even there is no recovery/discovery of weapon allegedly used in commission of alleged incident from any of appellants - It is specific defence..........
Specific Relief Act, 1963, Section 38, 39 -- Permanent prohibitory and mandatory injunction - Land in question is joint - Since, defendants are trying to occupy the portion of joint land and exclude plaintiffs from its use, they are entitled to seek relief of prohibitory injunction and mandatory injunction - They need not seek relief of partition or declaration of title...........
