Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Encroachment of public roads or public road margins - A person can always seek relief of removal of encroachments, by way of mandatory injunction, in case where encroachments take place on public roads or public road margins...........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 342, 386, 504, 506 -- Cheating - Quashing of proceedings - FIR in question came to be lodged after a period of 14 years from alleged illegal acts of accused - No specific time and date of alleged offences disclosed in FIR - Entire case put up by complainant on the face of it appears to be concocted and fabricated -..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Compromise - Refund of Court fee - Petitioner filed the suit for specific performance and permanent injunction - However, suit was compromised but plaintiff failed to establish the facts mentioned in compromise - Compromise could not be accepted - But prayer of withdrawal of suit deserve acceptance was..........
Agreement to sell -- Specific performance - An equitable relief - Depends on conduct of parties...........
Agreement to sell -- Specific performance - Conduct of parties - Plaintiff chasing the defendant to execute sale deed - It is a relevant fact to grant relief of specific performance...........
Agreement to sell -- Specific performance - Grant of decree of specific performance - It is desirable to give reasons but not imperative so long as it is evident to any superior Court hearing an appeal that direction to grant specific performance is based on relevant considerations borne out from the record - Absence of reasons would not vitiate the decree. (Specific..........
Agreement to sell -- Specific performance - 92% of sale consideration paid - Plaintiff has performed almost whole of his obligation under suit agreements - He remained present before Sub-Registrar for execution of sale deed but defendant did not appear - This conduct of plaintiff in chasing defendant to execute a sale deed is relevant - Defendant had been trying to evade..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 18A, 3(2)(v), Indian Penal Code, 1860, Section 376(2)(n), 506, 354(A)(1)(i), Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Rape - Specific case of victim is that she was subjected to rape after giving her a cake and a bottle of water by accused and later she felt..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Specific conditions as stipulated u/s 37 of NDPS Act for purpose of granting bail, cannot be ignored by Court while exercising power u/s 439 Cr.P.C, merely because some time elapsed since the date of arrest of accused...........
Partition suit -- Oral partition had taken place between three sons of original owner - One of sons sold certain portions of suit properties - Predecessor of plaintiffs also purchased certain specific portions of suit properties from said son - There is thus, partition between parties and brothers were enjoying the properties as their absolute properties - Suit for..........
