Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 2, Rule 2 -- Amendment of plaint - Agreement to sell - Suit for injunction filed before the target date - After the target date amendment of plaint sought claiming relief of specific performance - Suit for specific performance cannot be said to be barred by the principle of O.2.R.2 CPC - Suit..........
Agreement to sell -- Specific performance - Plea that while taking loan from plaintiff some blank papers were signed - No document on record to show of taking loan - Contention rightly rejected...........
Agreement to sell -- Specific performance - Once there is finding of fact on record that agreement in question has been proved on basis of evidence which has come on record and plaintiff has completed his part of agreement to sell, plaintiff has a right to seek specific performance of agreement to sell - Relief of specific performance rightly granted...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Suit for declaration - Matter of Court fee is between plaintiff and Court and in case at the time of final adjudication if Court fees is found to be deficit, plaintiff can always be asked to make good the Court fees - Trial Court committed error by treating suit in question for..........
Indian Penal Code, 1860, Section 302, 201, 84 -- Murder of two minor children by father - Plea of unsoundness of mind - Accused was addicted to alcohol and was admitted to rehabilitation center for de-addiction - Nothing on record that accused was medically treated as a person of unsound mind or was legally required to be taken as a person of unsound mind - Even plea of..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Surrender of share, of a consideration of Rs.1.50 lakhs, in immovable property by one of the joint owners by unregistered deed - Any interest in immovable property, upwards of the value of Rs.100/- including surrender of a share can only be effected through a registered instrument..........
Agreement to sell -- Specific performance - Readiness and willingness - There must be clear and unambiguous proof of a notice as required u/s 16(c) of Specific Relief Act and Forms 47 & 48 of Appendix A of CPC, 1908 - In the instant case plaintiff did not give any notice to defendant of execution of sale deed - Suit for specific performance fails - Defendant shall return..........
Agreement to sell -- Specific performance - Unfair advantage - Findings of unfair advantage as recorded by trial Court cannot be reversed by Appellate Court without recording cogent reasons...........
Specific Relief Act, 1963, Section 38, 39 -- Permanent and mandatory injunction - Restraining defendant from raising any construction on the house of plaintiff - Plaintiff himself had raised construction on area exceeding the land owned by him - It was for plaintiff to prove the extent and boundaries of his land and that he had confined his construction within such..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Husband having illicit relations with her cousin sister - Offence u/s 498-A IPC against cousin sister is made out not in the context of status as other woman, but in her capacity as cousin sister of husband against whom specific allegations, prima facie constituting cruelty has been made...........
