Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff miserably failed to show that he had sufficient funds at the relevant points of time - Despite specific demand made by defendant plaintiff has not come with balance money and offered/paid to defendant - Readiness and willingness on the part of plaintiff not proved - Decree for specific..........
Specific Relief Act, 1963, Section 31, 34 -- Suit for cancellation of sale deed - Where suit is filed by executants for annulment/cancellation of registered instrument, such suits are governed by S.31 of the Act - However, if a non-executant wishes to claim that instrument is bad due to any other reason, then he is required to file a suit for grant of a decree of..........
Agreement to sell -- Specific performance - Where substantial part of sale consideration is paid when suit agreement is executed or at any time before action is brought, discretion generally ought not be exercised against granting specific performance u/s 20 of Specific Relief Act...........
Agreement to sell -- Specific performance - Readiness and willingness - Decree for specific performance is equitable and discretionary relief which does not depend on the conduct of defendant, but, primarily, rests on the conduct of plaintiff because S.16 of Specific Relief Act is a personal bar to relief, which in effect, bars relief of specific performance of a contract..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff being agreement holder has parted with Rs.13,00,000 out of 23,00,000 and remains silent for a period of 2-1/2 years after defendant sends a reply notice stating that he is not in a position to convey good title in respect of one of items of suit property - There is absolutely no answer on..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent prohibitory injunction - Encroachment - Plaintiff had come with a specific case that defendant had encroached upon his land - Repeated directions were issued to plaintiff and matter was adjourned to enable plaintiff to produce relevant record before Local Commissioner - When plaintiff failed to..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - In a dispute with respect to determination of title, merely pointing out the lacunae in the defendant's title would not suffice - In such a suit, burden of proof rests on the shoulders of plaintiff to reasonably establish the probability of better title...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent injunction - Plaintiff led in evidence records of rights in an attempt to establish his title - Such records would not counter the proof of occupancy rights furnished by defendant - Plaintiff failed to produce a single document of title in respect of suit property - Burden of proof..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Discrepancies about the manner in which accident happened - Accident happened is not disputed - It is not the case of insurer that there was any negligence on the part of driver of car - Even, it is not the case of insurer that any of general or specific exceptions in the policy of insurance apply..........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Inquiry u/s 202 Cr.P.C - MM has duly conducted necessary inquiry u/s 202 Cr.P.C before issuance of summons to accused - Merely because the summoning order of MM does not make specific reference to S.202 Cr.P.C, it cannot be accepted that an inquiry as..........
