Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Specific conditions as stipulated u/s 37 of NDPS Act for purpose of granting bail, cannot be ignored by Court while exercising power u/s 439 Cr.P.C, merely because some time elapsed since the date of arrest of accused...........
Partition suit -- Oral partition had taken place between three sons of original owner - One of sons sold certain portions of suit properties - Predecessor of plaintiffs also purchased certain specific portions of suit properties from said son - There is thus, partition between parties and brothers were enjoying the properties as their absolute properties - Suit for..........
Adverse possession -- Material on record does not suggest that defendants had ever expressed their specific hostile animus to hold possession of suit land as owners by denying title of plaintiff or his predecessor-in-interest - Defendants thus, not perfected title over suit land by way of adverse possession...........
Agreement to sell -- Specific performance - Agreement in question was contingent upon the fact that once defendants were conferred with Bhumidari rights they would execute sale deed in favour of plaintiff - Plaintiff issued two notices after bhumidari rights were conferred upon defendants, which was not responded - Entire sale consideration was already paid - Now there is..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that sale deed is null and void - Suit is not maintainable without seeking possession, when plaintiff is not in possession...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - No specific allegation of behavioral misconduct amounting to cruelty has been made in his pleading or evidence with reference to date, place and nature of cruelty except allegation that she refused to cohabit with him - Even, such allegation is also not proved - Divorce petition..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Suit for permanent injunction simpliciter filed by plaintiff is not maintainable in the absence of any prayer for declaration of his title especially when defendant's title has been proved by registered sale deed and her possession has been proved...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for injunction - Condition precedent for invoking provision of O.21.R.32 CPC is that Court should give a specific finding that J.D. had an opportunity to comply with the decree and despite such opportunity, he wilfully disobeyed the same...........
Agreement to sell -- Specific performance - Even if all ingredients required for grant of specific performance is made out, even then, it is not necessary for Court to grant a decree of specific performance as it is purely equitable and discretionary in nature...........
Agreement to sell -- Specific performance - Readiness and willingness - Mere self serving statement of income without proof of financial resources is not sufficient to prove that plaintiff was ready and willing to perform his part of contract...........
