Evidence Act, 1872, Section 45, Constitution of India, 1950, Article 20(3) -- Voice sample - Plea of infringement of right of privacy - Supreme Court in exercise of power under Article 142 of the Constitution conceded power to Judicial Magistrate to order giving of voice samples till there is specific provision in the Cr.P.C. - Order directing petitioner to give voice..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration, specific performance, possession and for permanent injunction - Suit property in respect of which plaintiff and defendant no.1 had made agreement is different property and not property as claimed by defendant Nos.12 & 13 - There is no necessity of giving any further explanation as..........
Agreement to sell -- Specific performance - Once execution of agreement to sell and payment/receipt of advance of substantial sale consideration was admitted by vendor, nothing further was required to be proved by vendee...........
Agreement to sell -- Specific performance - Subsequent sale deeds - Nominal sale deeds executed in favour of sisters-in-law with a view to defeat the rights of plaintiff and defendant No.1 - Failure to prove receipt of sale consideration - Trial Court rightly declared said sale deeds in favour of subsequent purchasers not binding upon plaintiff and defendant No.1/vendor...........
Stamp Act, 1899, Section 35 -- Stamp duty - Agreement to sell - Suit for specific performance - Document that is required to be registered and which contains a recital of delivery of possession, would also require to be stamped as per provisions of the Act - Order of trial Court in impounding agreement to sell and directing plaintiff to pay deficient stamp duty on..........
Agreement to sell -- Specific performance - Readiness and willingness - When readiness and willingness of plaintiff is not disputed, it is not necessary for plaintiff to prove the same...........
Agreement to sell -- Specific performance - Readiness and willingness - In a suit for specific performance of a contract, it is necessary for purchaser to show that he was ready and willing to fulfill terms of agreement, that he had not abandoned the contract and that he had kept the contract subsisting...........
Agreement to sell -- Specific performance - Sale agreement not necessarily to be attested by witnesses...........
Agreement to sell -- Specific performance - Mere escalation of land prices after date of filing of suit cannot be sole ground to deny specific performance...........
Agreement to sell -- Specific performance - Plaintiff has not given details of funds in her possession or manner in which she intended to raise them in the plaint - Those aspects are matters of evidence, which as per O.6.R.1 CPC need not be pleaded...........
