Agreement to sell -- Specific performance - Plaintiff entering into agreement with defendant No.1 & 2 despite having knowledge of share of defendant No.3 & 4 in the property - Plaintiff is not entitled to the relief of specific performance...........
Civil Procedure Code, 1908, Order 7, Rule 11, Specific Relief Act, 1963, Section 34 -- Suit for declaration that cheque was issued as a security - Plaintiff cannot be permitted to seek relief in a suit which would frustrate the defendants from initiating a prosecution against plaintiff or seeking any other remedy available in law - Plaint is liable to be rejected..........
Specific Relief Act, 1963, Section 34, 39 -- Suit for declaration and mandatory injunction - Plaintiff on the basis of sale deed filed suit for declaration of his title to `A' scheduled property and for declaration that `B' scheduled property is a common property - Case of plaintiff is duly established by said sale deed - Title of defendant over suit property as claimed by..........
Protection of Children from Sexual Offences Act, 2012, Section 8 -- Sexual assault - Accused touched breasts of victim and kissed her - It is absolutely immaterial whether breasts of a 13 years old girl were developed or not - Specific part of body of a girl of 13 years of age shall be held and term as breast for purpose of S.7 of POCSO Act even if her breasts are not..........
Protection of Children from Sexual Offences Act, 2012, Section 8 -- Sexual assault - Sexual intent of a person can be gathered from specific contact of accused and surrounding circumstances...........
Agreement to sell -- Specific performance - Readiness and willingness is sine qua non for obtaining decree for specific performance of contract as required u/s 16(c) of Specific Relief Act...........
Agreement to sell -- Specific performance - Readiness and willingness of parties to perform their part of contract will have to be adjudged in the context of agreement executed between the parties...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff contended that cheque was given by him to defendant for part payment - However, it was deliberately not stated that on which date it was given to defendant - Even copy of said cheque has not been placed on record - Alleged cheque was tendered by plaintiff which was in possession of defendant..........
Evidence Act, 1872, Section 45 -- Voice sample - Magistrate can order taking voice sample for the purpose of investigation, as authorised by Supreme Court, till there is specific provision in Cr.P.C...........
Criminal Procedure Code, 1973, Section 439 -- Second bail application - If co-accused against whom specific allegations were made is granted bail subsequent to rejection of first bail application, said ground may be considered as fresh ground to consider second bail application of accused...........
