Agreement to sell -- Specific performance - Post dated cheque issued towards part payment - Cheque returned as `payment stopped by attachment order' as there was raid conducted by IT Department and bank account was attached - Cheque was not returned for the reasons of insufficient funds in the bank account - Cannot be said a worthless cheque issued towards part sale..........
Agreement to sell -- Specific performance - Readiness and willingness - There must be a specific issue framed on readiness and willingness on the part of plaintiff in a suit for specific performance and parties must be put to notice before giving specific finding...........
Agreement to sell -- Specific performance - Readiness and willingness - Without there being a specific issue as to readiness and willingness of plaintiff, Court gave finding that plaintiff was not having sufficient funds to make the full balance consideration - In a suit for specific performance a specific issue as to readiness and willingness of plaintiff should be..........
Indian Penal Code, 1860, Section 376(2)(n) -- Rape - Accused and prosecutrix were in consensual relationship for past four years - They voluntarily went together to several places and had consensual sex - There is no specific allegation in First Information Statement that accused had given a promise to prosecutrix to marry which at the inception was false and based on..........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Plaintiff admitted that applicant is one of co-owners and signatory to agreement in question - Applicant rightly impleaded as one of defendants...........
Specific Relief Act, 1963, Section 34 -- Proviso, 42 - Suit for declaration - Plaintiff not in possession - Suit for declaration without seeking relief of possession is not maintainable - Dismissal of suit without affording an opportunity to plaintiff to amend plaint to seek consequential relief, held, not proper - Impugned judgment and decree passed by Courts below set..........
Agreement to sell -- Specific performance - Readiness and willingness - Financial capacity of plaintiff - Mere oral statement made by plaintiff cannot be taken as proof of his financial capacity, in the absence of any documentary evidence in the shape of any account book, pass book, statement of accounts, any other negotiable instrument or any income tax record...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff is not required to prove cash in hand throughout but is required to prove that he had the capacity to pay the balance sale consideration, based on reliable documents...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff is required to prove his financial capacity to pay and absence of cross examination as regards his financial capacity would not lead to its proof...........
Agreement to sell -- Specific performance - Readiness and willingness - Issuance of notice calling upon vendor to execute sale deed and appearing before Sub-Registrar on the target date and obtaining an affidavit in this regard - Not proof of readiness and willingness on the part of vendee...........
