Specific Relief Act, 1963, Section 31, Hindu Minority and Guardianship Act, 1956, Section 8 -- Sale deed - Cancellation sought on ground of inclusion of share of minor - Property sold for benefit of minor - Separate cheques issued by purchaser as per demand of seller wherein specified amount is shown as per proportionate share in property - Suit not filed by natural..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and injunction - Purchase of land by plaintiff through registered sale deed - Defendants neither filed counter claim, claiming title over suit property on basis of will nor produced material on record to disbelieve existence of sale deed executed in favour of plaintiff - Plaintiff in possession of suit..........
Indian Penal Code, 1860, Section 406, 420, Criminal Procedure Code, 1973, Section 482 -- Cheating and criminal breach of trust - Suppression of facts - Moreover development agreement itself is taking care of interest of both the parties and giving rise for specific performance or recovery to the other side, action of issuing process is wrong - Dispute civil in nature -..........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction - PWs and DWs both stated that originally plaintiff was in possession of land - Although defendants disputed the plaintiff's claim, but they failed to plead and prove as to when did they enter into possession of land and what was the nature of their possession - Suit rightly decreed by First appellate..........
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Summoning of additional accused - Rape - Specific role has been ascribed to both summoned accused by prosecutrix - Strong and cogent material on record before Court to prima facie form the opinion that summoned accused..........
Specific Relief Act, 1963, Section 38 -- Injunction - Restraining defendant from interfering in the possession of plaintiff - Defendant claiming easementary right of access through the suit land so as to approach and cultivate their respective lands - Not only the vendor of plaintiff but adjoining owner of fields of plaintiffs and defendants have clearly deposed about use..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Admittedly, plaintiff was not party to sale deeds - Hence, sale deeds are not binding on plaintiff - Concept of challenging a document comes into play only if person is party to document - Plaintiff has already filed a suit for declaration with regard to ownership on basis of a sale deed, correctness whereof..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that Will and adoption deed is null and void - Attesting witnesses of Will could not identify the person/testator whose photograph was affixed on Will - None of parties to Will and adoption deed appeared before Tehsildar and they did not know parties personally and nor any ceremony of adoption took place in..........
Criminal Procedure Code, 1973, Section 207 -- Documents - Supply of copy to accused - Accused sought copy of preliminary Enquiry report - When State has not pleaded any specific privilege which bars disclosure of material utilized in earlier preliminary investigation, there is no good reason for High Court to have permitted report to have remained shrouded in a sealed..........
Agreement to sell -- Specific performance - Readiness and willingness - Plea regarding readiness and willingness can only be raised by vendor defendant and not by subsequent purchaser or his Legal representatives...........
