Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of proceedings - Specific averments in complaint regarding responsibility of both the accused in firm - There were sufficient grounds to proceed against accused at the stage and order was passed u/s 204 Cr.P.C - No interference warranted by exercising jurisdiction to quash the proceedings at..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining defendant from transferring the suit property in a suit for specific performance - Plaintiff always ready to perform his part of the contract and such pleadings has to be proved at the appropriate stage of trial - Balance of convenience is in favour of plaintiff - Defendant..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Neither ground of desertion considered by trial Court nor framed any issue in relation to that - Trial Court passed the judgment only on the aspect of cruelty - When specific ground was pleaded and was allowed to be pleaded, it was duty of trial Court to frame issue in that regard and to permit the..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 1, Rule 3, Civil Procedure Code, 1908, Order 1, Rule 3A -- Rejection of plaint - Suit for specific performance - One suit against 11 defendants with whom plaintiff entered into separate agreement to sell with each land owner - In a suit for specific performance of contract, there cannot be..........
Agreement to sell -- Specific performance - Defendant not coming to Court with clean hands as on one hand he pleaded that agreement is forged and fabricated document and on the other hand he sought refund of alleged balance sale consideration - Plaintiff duly proved the agreement - Suit rightly decreed in favour of plaintiff...........
Agreement to sell -- Specific performance - Limitation - Registered sale deed was to be executed on or before 10.2.1992 and condition of getting land demarcated was not the condition precedent for execution of sale deed - After execution of agreement, first notice was issued on behalf of plaintiffs in the year 2006 whereas suit has been instituted in 2012 - Suit filed..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for specific performance - Findings recorded by Courts below with regard to readiness and willingness and also on question of limitation being pure findings of fact are not liable to be interfered with in the limited scope of 100 CPC...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance - Amendment sought to incorporate consequential relief of possession - Relief of possession is ancillary in nature - Proposed amendment was allowed for effective and final adjudication of controversy between parties - No fault found in impugned order of allowing amendment of..........
Registration Act, 1908, Section 49 -- Proviso - Agreement to sell - Registration - Suit for specific performance - Unregistered agreement to sell is admissible in evidence in a suit for specific performance falling in exception clause of S.49(c) of the Act...........
Specific Relief Act, 1963, Section 37, 38 -- Permanent injunction - Once the possession of plaintiff was declared as unauthorized and illegal by Courts below, there was no question of protecting such possession by a decree of permanent injunction - Suit for permanent injunction dismissed...........
