Specific Relief Act, 1963, Section 41(i) -- Injunction - Where conduct of plaintiff or his agent has been such as to disentitle him to assistance of Court, injunction can be declined...........
Agreement to sell -- Suit for specific performance - Ex parte decree against minor who was being represented by her mother and natural guardian - Court ought to have appointed a Court guardian as mandated U.O.32.R.3 CPC and failure to appoint such a Court guardian of minor, vitiates the entire judgment and decree...........
Agreement to sell -- Specific performance - Readiness and willingness - Readiness refers to financial capacity of plaintiff and willingness refers to conduct of plaintiff in seeking specific performance...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff has not produced any document to show his readiness i.e financial capacity - He has also not let any proof to show his willingness - No explanation given by plaintiff as to what transpired to wait for two long years to approach defendant for execution of sale deed after execution of agreement..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Suit for specific performance - Non-framing of an issue with regard to readiness and willingness - It is mandatory requirement of Courts to frame such an issue in view of S.16(c) of Specific Relief Act - Further, when Specific Relief Act specifically mandates that unless and until, readiness and willingness is..........
Agreement to sell -- Specific performance - Sale consideration was Rs.1,80,000 and plaintiff had paid a sum of Rs.1,75,000 - However, no prudent person after paying Rs.1,75,000 will take two years time for the purpose of paying balance of Rs.5000 - Necessity for plaintiff to take two years time to pay balance is not only artificial but is not natural in the course of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint by power of attorney of a company/firm - Complaint filed by firm in its name and is represented by its Branch Manager, who has been authorised as per Resolution - There is also a specific assertion in complaint that PW1 is competent to represent firm - PW1 is aware of transactions between..........
Service -- Dismissal from service - Employee attained the age of superannuation and charge sheet filed thereafter - On the date of superannuation, no disciplinary proceedings was pending against him - Order of removal or dismissal from service can be passed only when an employee is in service - If a person is not in employment, question of terminating his service..........
Indian Penal Code, 1860, Section 419, 465, 120B -- Cheating - Quashing of proceedings - Civil dispute - Entire allegations made in the complaint pertain to civil dispute and civil proceedings are actively under consideration before respective civil Courts - Except the allegation that petitioners are close relatives of A-3, no other specific allegation was made against..........
Indian Penal Code, 1860, Section 306, 420, 120B, 34 -- Abetment of suicide - FIR and suicide note do not disclose any specific act or conduct on the part of accused or his brother which would amount to harassment or instigation committed with necessary mens rea other than the initiation of proceedings under Negotiable Instruments Act - It cannot be held that accused had..........
