Agreement to sell -- Specific performance - Plaintiffs have proved due execution of agreement to sell - Defendants on the other hand could not probablize their defence that agreement to sell was loan document and not the agreement to sell - Defendant nos. 2 and 4 have taken self contradictory stand in their written statement - Loan transaction as alleged by defendant not..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - General allegations made by wife against husband - No specific instance had been quoted by wife to prove the allegations of her being subjected to physical or mental cruelty at the hands of husband - Wife and her father had even denied any knowledge about facts as narrated in the..........
Civil Procedure Code, 1908, Order 7, Rule 10, Commercial Courts Act, 2016, Section 2(1)(c)(vii) -- Return of plaint - Lack of territorial jurisdiction - Agreement for which specific performance is sought for is a draft agreement, not signed by applicants - Provision of S.8 of Arbitration and Conciliation Act would not be applicable - Subject matter of suit would not..........
Registration Act, 1908, Section 17, 49Proviso -- Unregistered agreement to sell - Suit for specific performance - Agreement to sell though unregistered can be accepted in evidence for collateral purpose in a suit for specific performance...........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Allegations against A-5 to A-7 - Allegations made against accused persons are not only omnibus but also without any specific allegation of overt act imputed against them - Complainant states that when she was being threatened by her mother-in-law, A-5..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for specific performance - When Courts below exercised discretion against plaintiffs refusing to pass decree, then same cannot be interfered in the limited scope of second appeal u/s 100 CPC...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for specific performance - Finding of possession recorded by Courts below is binding in second appeal - Second appeal dismissed...........
Municipal Council -- Removal from office of President/vice president - Illegal construction - House alleged to have been illegally constructed was actually built by father of appellant - No specific finding that appellant was in any manner associated as a co-owner or had otherwise made any contribution in construction of house - Municipal authorities never took any action..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Allegation against wife are non-specific and only based on the proceedings initiated by wife against husband u/ss 498-A, 494 IPC - Dispute between parties in proceedings u/s 498-A IPC is settled based on compromise and proceedings u/s 494 IPC is stayed - It cannot be said that false..........
Agreement to sell -- Specific performance - Defendant herself committed breach of condition of agreement of sale by not measuring land prior to date agreed between parties - She belatedly did so after the date of performance - Plaintiff thus, was unable to pay the exact balance amount of consideration - Suit rightly decreed in favour of plaintiff...........
