Specific Relief Act, 1963, Section 20 -- Specific performance - Denial of relief of specific performance - Relief of specific performance can be denied in case there is pleading and proof by defendant that contract falls under any of the circumstances enumerated under sub-section (2) of S.20 of the Act - Another factor required to be looked into while considering S.20 of..........
Transfer of Property Act, 1882, Section 53A, Specific Relief Act, 1963, Section 16 -- Bonafide transferee under agreement - Protection under Section 53-A - Agreement to sell - Possession delivered to vendee - Vendee failed to get sale deed executed - Suit for possession by vendor - Vendee seeking protection u/s 53-A - Vendee failed to plead and prove his readiness and..........
Specific Relief Act, 1963, Section 31 -- Fraudulent misrepresentation as regards character of a document is void and for setting aside the document by recourse to Section 31 of Specific Relief Act is unnecessary - However fraudulent misrepresentation as regards contents of a document is voidable...........
Specific Relief Act, 1963, Section 28(1) -- Specific performance - Decree of - Extension of time for payment of purchase price by Appellate Court - Condition in decree that suit will be dismissed in case balance price is not paid within specified period - Decree does not partaking nature of a final decree - Court does not becomes functus officio once such decree is passed..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35, 54, 15 -- Criminal Procedure Code, 1973, Section 313 - Search and seizure -Conscious possession - Presumption - Recovery of 23 bags of poppy husk from a truck and the appellant was on the steering of the truck - Two persons were allegedly sitting on the bags, one ran away from the spot after seeing the..........
Specific Relief Act, 1963, Section 38 -- Permanent Injunction - Suit by Gram Panchayat restraining defendant from obstructing in construction work of Panchayat Ghar on suit land - Decreed by Courts below - Suit land reserved for benefit of village community and being used for common purposes - Shamlat land within meaning of Section 2(g)(4) of Punjab Village Common Land..........
Contract Act, 1872, Section 63 -- Agreement to sell - Extension of time - Not necessarily to be inferred from written document - Can be implied also - Conduct of parties relevant in deciding extension of time for performance of contract. Specific Relief Act, 1963, Section 9...........
Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992 -- Specific Relief Act, 1963, Section 34 - Declaratory suit - Title suit - Substantive prayers in suit are for declaration that the plaintiffs `are fully entitled' to the suit bonds and certain reliefs which are founded upon this declaration - Held that a suit for such a declaration would..........
Indian Penal Code, 1860, Section 406, 420 -- Quashing of FIR - Failure to return money, as agreed - In the absence of any circumstances that would give rise to an inference of dishonest or fraudulent intention, at the inception of the transaction, cannot sustain a complaint alleging the commission of offence of cheating - Petitioners received money which they were required..........
Specific Relief Act, 1963, Section 16(c) -- Ready and willing - Basic principle behind Section 16(c) read with Explanation (ii) is that any person seeking benefit of the specific performance of contract must manifest that his conduct has been blemishless throughout entitling him to the specific relief - The provision imposes a personal bar - Court is to grant relief on the..........
