Agreement to sell -- Specific performance - An agreement to sell with respect to property, transfer of which is dependent upon the permission of an authority, can be specifically enforced while granting liberty to plaintiffs to apply for requisite permission...........
Agreement to sell -- Specific performance - Vendor if subsequently acquires title/interest in the property - Any person who enters into an agreement to sell by representing himself to be the owner of the property, is bound to honour such agreement, if he subsequently acquires title/interest in the said property. (Transfer of Property Act, 1882, S.43)..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Prima facie case is in favour of plaintiff - Balance of convenience and irreparable loss also lie in favour of plaintiff - Interim relief of temporary injunction restraining defendants, their agents, servants and all other persons claiming through or under them,..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Relief of permanent injunction sought for with a specific allegation made against a particular person, must confine to that person...........
Agreement to sell -- Specific performance - Purpose of sale stated to be for marriage expenses - Held, document which otherwise can be said to be an agreement to sell, will not become a loan agreement and/or security document...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306, 498A, 34 -- Anticipatory bail - Specific allegations regarding harassment by making demand of additional dowry not made against parents of husband - The only allegation against them is that they did not like the deceased marrying their son and as such they used to make comments against her in..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - No specific averments in complaint with regard to cheating - Even, there are no specific proof in support of said allegations made in complaint - Allegations made in complaint are bald and baseless - Complainant also filed a civil suit for recovery of amount and..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Cryptic order - Order passed without application of mind to any of the pleadings available and without being specific about the date upto which party entitled to interim maintenance - Impugned order set aside - Matter remitted for reconsideration...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Offence by company - Company not arraigned as an accused - Cheque issued on behalf of Company not in individual capacity of Directors - Prosecution simplicitor against Director without making specific averments about role played by them, would not be maintainable - Proceedings quashed...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Partition suit - Defendants by way of additional evidence are attempting to make out case that some of suit properties are purchased by them and they are their self acquired properties - However, no such plea was raised before trial Court as per written statement - There is even no..........
