Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Answer given by accused when he was questioned u/s 313(1)(b) Cr.P.C, is only ipse dixit of accused - PW1 was not confronted with specific allegations as was projected while replying at the time of questioning u/s 313(1)(b) Cr.P.C - There was thus, no occasion for PW1 to answer the allegations that was..........
Criminal Procedure Code, 1973, Section 427(1) -- Concurrent running of sentences - Accused convicted in nine separate and distinct cases - All the convictions took place on same day - However, no specific direction was issued by trial Court within ambit of S.427(1) Cr.P.C so as to allow subsequent sentences to run concurrently - Sentences imposed on accused in nine..........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Decree for specific performance - Execution petition cannot be rendered infructuous in the absence of objections having been filed at the instance of third party, even having purchased the suit property from JD prior to filing of suit...........
Specific Relief Act, 1963, Section 19(b) -- Bona fide purchaser - S.19(b) of the Act does not permit vendor to unilaterally terminate prior agreement of sale and to alienate property and thus, purchaser cannot be made to suffer on this account for no fault of his...........
Agreement to sell -- Specific performance - Grant of alternative relief of refund of earnest money - Such relief can only be granted if there is prayer for such relief either at the time of filing of suit or by way of amendment - Prayer clause is a sine qua non for grant of decree of refund of earnest money. (Specific Relief Act, 1963, S.22)...........
Agreement to sell -- Specific performance - Time essence of contract - Sale agreement indicate the intention of parties to treat time bound performance as an essential condition and it was stipulated that in case sale was not executed on date of execution, sale agreements were liable to be treated as cancelled and earnest money was to be forfeited - Even in the legal..........
Agreement to sell -- Specific performance - Intention of parties in agreements spells out plaintiff's liability for obtaining required NOC - Plaintiff has led no evidence to indicate that he took any proactive steps to obtain purported NOC necessary to execute sale deed - Presence of defendants before Sub-Registrar on the date of execution is not disputed - Plaintiffs..........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 22 -- Amendment of plaint to seek alternative relief of earnest money in a suit for specific performance - Court is vested with wide judicial discretion to permit plaintiff to amend plaint even at a later stage of the proceeding to seek alternative relief of refund of earnest money...........
Criminal Procedure Code, 1973, Section 82(1) -- Proclamation u/s 82(1) Cr.P.C - Direction issued i.e : (i) Courts of Judicial Magistrates are required to take provisions of S.82 Cr.P.C. in its true letter and spirit; (ii) It is advised that whenever a proclamation is issued, then two dates be given in the order i.e. first date should be within 15-20 days giving the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Amendment to add name of applicant No.3 in the cause title without any amendment in body of complaint - Name of applicant No.3 was not mentioned in cause title though there were specific averments against him also - Since no prejudice was caused therefore there was no illegality..........
