Agreement to sell -- Agreement to sell or an agreement of re-conveyance - Specific performance - It is implicit that plaintiff has to accept the title of defendant...........
Agreement of re-conveyance -- Specific performance - It is implicit that plaintiff has to accept the title of defendant - However, in the instant case plaintiff in his pleadings and in his evidence has taken the plea that defendant has no right, title and interest in the suit property - Considering the frame of suit and stand taken by plaintiff in plaint and in evidence,..........
Indian Penal Code, 1860, Section 376 -- Rape - Allegation that accused committed rape upon prosecutrix and got her pregnant - However, specific admission of prosecutrix that accused did not agree for marriage and therefore, complaint was made - Prosecutrix delivered a baby boy - No DNA test was conducted by prosecution to child born to prosecutrix in order to connect crime..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Mere claim of innocence or undertaking to participate in the trial or contention of absence of specific allegation of any overt act cannot be assigned as reasons for grant of bail in a case of serious nature...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of party - Partition suit - Trial Court ignoring the fact that all sharers have not been made as parties and proceeded to decree the suit despite there is specific contention taken in written statement regarding non-joinder of necessary parties and also there is previous partition - Impugned order of rejecting..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Late production of documents - Suit for specific performance - Documents in question are necessary to prove capacity and readiness of plaintiff in the suit and are necessary to come to just conclusion - Moreover, no prejudice would be caused to defendant if documents are received - Application rightly allowed...........
Agreement to sell -- Specific performance - Plea of violation of Fragmentation Act - Suit filed after repeal of Fragmentation Act - Suit can be decreed without there being any violation to law once Fragmentation Act itself had been repealed - Moreover, defendants received the full consideration and had also transferred the possession of property in question, as such other..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Respondent has a direct interest in the land in dispute - Respondent rightly impleaded...........
Suit for possession -- Suit for possession and mesne profits - Suit filed on the basis of agreement to sell, Power of Attorney, an Affidavit and a Will - No title can be transferred with respect to immovable property on the basis of an unregistered agreement to sell or on the basis of an unregistered General Power of Attorney - Even if agreement to sell and power of..........
Hindu Law -- Joint Family Property - Co-sharer in possession can transfer a specific portion of land and transferee is entitled to remain in possession till the partition...........
