Agreement to sell -- Specific performance - A person not party to the suit agreement of sale cannot be compelled by Court to enter into an agreement with the defendant...........
Agreement to sell -- Specific performance - Plaintiff has specifically averred that though defendants had neither obtained ITC certificate nor had revenue records corrected, they were threatening to dispossess him and create third party rights over suit property - Even, defendants have specifically stated that they were entitled to create third party rights - Concurrent..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21 -- Impleadment of a party - Limitation - When there is bonafide mistake done in good faith, matter relates back to original date of filing of suit and impleadment of parties to suit cannot be refused on the ground of limitation...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21 -- Impleadment of a party - Amendment of plaint - Suit for specific performance - Petitioners are necessary parties to suit and due to bona fide mistake they were not named in the suit - However, trial Court dismissed the application for..........
Indian Penal Code, 1860, Section 376, 511 -- Rape or attempt to rape - Statements of informant and victim regarding commission of offence of rape appears to be clear improvement in prosecution version - However, there is specific allegations in the FIR regarding attempt to rape - Medical examination of victim shows that there were two marks of abrasion as also two marks of..........
Specific Relief Act, 1963, Section 20, Indian Contract Act, 1872, Section 18, 19 -- Agreement to sell - Suit for specific performance - Document obtained by misrepresentation is voidable and has to be set aside - Failure to do would render decree of specific performance on basis of oral agreement to sell will be null and void and non est...........
Agreement to sell -- Oral - Specific performance - Bona fide purchaser - Vendor sold property prior to oral agreement to sell - Purchaser would be a bona fide purchaser...........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21(5) -- Amendment of plaint - Suit for specific performance - Relief of compensation - When relief of compensation is either not claimed or when such relief claimed but plaintiff seeks amendment in the same - Plaintiff can seek permission of Court to introduce such relief by way of amendment...........
Specific Relief Act, 1963, Section 28 -- Decree for specific performance - S.28(1) of the Act empowers the Court which has passed the decree to either extend the time in favour of purchaser to deposit requisite amount or can order rescission of contract in the event of default by purchaser - This power is vested with same Court which had passed the decree...........
Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Computation of period for deposit of sale consideration - First appellate Court decreed the suit against which second appeal was filed which was dismissed - Original decree passed by first appellate Court merged with decree passed by Second appeal and it further got merged with decree of Supreme..........
