Agreement to sell -- Specific performance - Delay and laches - Mere delay by itself, without more, cannot be sole factor to deny specific performance...........
Agreement to sell -- Specific performance - Delay and laches - Suit for specific performance filed within limitation cannot be dismissed on sole ground of delay or laches - However, an exception to this rule is where immovable property is to be sold within a certain period, time being of essence and it is found that owing to some default on part of plaintiff, sale could..........
Agreement to sell -- Specific performance - Delay and laches - Once suit for specific performance is filed, any delay as a result of Court process cannot be put against plaintiff as a matter of law in decreeing specific performance - However, it is within discretion of Court, regard being had to facts of each case, as to whether some additional amount ought or ought not..........
Punjab Rent Act, 1995, Section 38(7)(c), East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction petition - NRI landlord - Non filing of affidavit along with leave to contest application - To contest petition for eviction, application for leave is to be specific stating grounds on which he seeks to contest petition for eviction - Rent Authority, thus u/s..........
Specific Relief Act, 1963, Section 19(b) -- Bona fide purchaser - Permission to alienate suit property - Suit filed by plaintiff for specific performance dismissed on the ground that plaintiff is not ready and willing to perform his part of contract and appeal against the same is pending - Suit property was sold two times before filing of suit by plaintiff, however, both..........
Agreement to sell -- Specific performance - Real intention of parties was never sale of land but was to secure loan advanced by plaintiff to defendants during course of their transactions, as plaintiff was working as a commission agent - More so, despite a substantial payment out of sale consideration having been made as earnest money, still a long period of one year was..........
Kerala Abkari Act, 1977, Section 8(1), 8(2) -- Possession of arrack - When possession is made offence under a statute, actual physical possession would invariably satisfy requirements - However, for constructive possession to become penal in nature there must be something more than mere deemed possession - There must be an element of consciousness or knowledge of..........
Kerala Abkari Act, 1977, Section 8 -- Possession of arrack - Setting near a black can - Cannot create a presumption of possession of can, especially in absence of any specific evidence to create a link between accused and can - Possession of arrack has to be proved beyond reasonable doubt by prosecution in order to bring home guilt of accused u/s 8 of the Act...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from raising any construction or changing nature of suit land till same is partitioned in accordance with law - Defendant after having purchased portion of suit land from his father, raised construction during his life time - No specific denial to said fact by plaintiff -..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Averments in plaint would not show that any personal right of any of plaintiffs being infringed, therefore, in view of S.41(j) of the Act, suit is not maintainable...........
