Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Suit for specific performance - Petitioner resisted delivery of possession in pursuant of sale deed obtained by DHs in suit on the ground that defendants had no title in suit property - Executing Court decided the issue in favour of petitioner, and returned finding that father of..........
Civil Procedure Code, 1908, Section 20(c), Order 37 -- Territorial jurisdiction - Summary suit for recovery of money - Plaint is specific as to cause of action, or at least a part of it, having arisen within jurisdiction of City Civil Court, question of City Civil Court not having any jurisdiction does not arise at all...........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Agreement to sell - Property belongs to accused hence there is no entrustment of property - As far as refund of earnest money is concerned there is no proper demand for its return - Informant and his wife has not given up their claim in property and have sued for specific performance - Hence, retention of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband contended that wife nowhere pleaded in her application that he is unable to maintain herself - However, there is specific pleading in the application that wife is facing great scarcity of funds and she has to arrange money for day to day expenses of household - Said averments gives no other meaning..........
Civil Procedure Code, 1908, Section 151 -- Recall of an order - Application filed by defendant - Order directing defendants to pay Court fee to counter claim - Defendant filed counter claim for declaration, injunction and specific performance - However, by way of amendment defendant deleted relief of declaration and ownership - But still trial Court directed defendant to..........
Limitation Act, 1963, Article 65, Specific Relief Act, 1963, Section 34 -- Limitation - Suit for declaration that gift deed is null and void - Defendant tried to dispossess plaintiff in 2011 on the basis of sale deed, then she came to know about so-called gift deed in favour of defendant - Suit itself filed in 2011 - For filing suit for declaration of gift deed as void,..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 323, 365, 452, 376D, 394 -- Bail - Offence u/ss 323, 365, 452, 376-D, 394 - Neither there is specific allegation against petitioner nor his name finds mention in FIR - Even, statement of complainant u/ss 161 and 164 Cr.P.C. is self contradictory - Moreover, co-accused has already been granted bail..........
Criminal Procedure Code, 1973, Section 438, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12(1) -- Juvenile - Anticipatory bail - Juvenile not entitled to move application for anticipatory bail in absence of specific provision in the Act of 2015...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - To convert suit for permanent injunction to suit for specific performance - Cause of action to file suit for specific performance not barred by limitation on the date of filing application for amendment of plaint - Amendment allowed...........
Agreement to sell -- Specific performance - Absence of stipulation of enforcement of agreement through Court of Law - Enforcement of agreement through Court is not dependent on contract between the parties providing for a stipulation that in case one of the party does not perform or honour the agreement to sell, agreement can be specifically performed through Court of law..........
