Work Contract -- Specific performance - Disputed questions of fact arise in the case such as whether in fact goods were manufactured as per specifications or not - In absence of any evidence and material on record and there being disputed questions of facts, High Court ought not to have passed impugned judgment and order directing appellant to continue work order and..........
Agreement to sell -- Specific performance - Defendant pleaded that no cause of action arose in the suit and suit was liable to be dismissed - Plea rejected, as defendant never chose such issue to be raised by filing application for rejection of plaint - More so, when said issue is not raised before Courts below, same cannot be raised in second appeal...........
Protection of Children from Sexual Offences Act, 2012, Section 29 -- Presumption u/s 29 of the Act - Presumption will operate only if foundation to the prosecution case is laid by leading legally admissible evidence - Such presumption cannot be understood to mean that in every case when a person is prosecuted for specific offences, prosecution version should be taken as..........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Rape case - Victim stated in her FIS that incident took place during Christmas holidays - However, while tendering evidence before Court, PW1 would state that she could not go to school for nine months due to stomach pain - Victim does not refer to time/period during which she could not go to school -..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Offence by company - Petitioners have not issued cheque and they have tendered their resignation much before issuance of said cheques - These are incontrovertible facts - Only a bald averment is made in complaint against them that..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Suit for specific performance - Defendant by way of additional evidence sought to produce documents to show that his mother's name was not Ram Kali with whom plaintiff entered into agreement to sell - Khatauni in question sought to be adduced as additional evidence cold not be..........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21(5) -- Proviso, 40(2) - Amendment of plaint - Suit for specific performance, mandatory injunction and possession - Ss.21(5) Proviso, 40(2) of Specific Relief Act entitles plaintiff to seek amendment for claiming compensation or damages, as the case may be, at any stage of proceedings and in..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Plaintiff claiming title on the basis of sale deed in his favour - Title of plaintiff by virtue of registered sale deed not denied by its vendors who are also party to suit - Defendant being tenant, cannot deny title of plaintiff - Tenant cannot enter into shoes of vendor and contest the matter on the..........
Specific Relief Act, 1963, Section 34, Specific Relief Act, 1963, Section 34 -- Suit for declaration, recovery of possession and rectification of revenue entries - Plea that in view of re-arrangement between the parties as agreed, the suit land was mutated in the name of defendant and that plaintiff is estopped by agreement dated 24.01.1993 and thus suit is not..........
Agreement to sell -- Specific performance - Claim for damages - Relief of damages not claimed - Even in appeal, no relief for damages claimed by appellants - Relief of damages cannot be granted to appellant. (Specific Relief Act, 1963, S.21(5)...........
