Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for specific performance - When Courts below exercised discretion against plaintiffs refusing to pass decree, then same cannot be interfered in the limited scope of second appeal u/s 100 CPC...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for specific performance - Finding of possession recorded by Courts below is binding in second appeal - Second appeal dismissed...........
Municipal Council -- Removal from office of President/vice president - Illegal construction - House alleged to have been illegally constructed was actually built by father of appellant - No specific finding that appellant was in any manner associated as a co-owner or had otherwise made any contribution in construction of house - Municipal authorities never took any action..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Allegation against wife are non-specific and only based on the proceedings initiated by wife against husband u/ss 498-A, 494 IPC - Dispute between parties in proceedings u/s 498-A IPC is settled based on compromise and proceedings u/s 494 IPC is stayed - It cannot be said that false..........
Agreement to sell -- Specific performance - Defendant herself committed breach of condition of agreement of sale by not measuring land prior to date agreed between parties - She belatedly did so after the date of performance - Plaintiff thus, was unable to pay the exact balance amount of consideration - Suit rightly decreed in favour of plaintiff...........
Transfer deed -- Conveyer having no title over the property - Specific declaration that document is invalid is not necessary...........
Interest -- Delay in refund of excess stamp duty - State has no power to hold on the money that it has taken without any authority of law - Time for which amount was illegally detained by Government is required to be compensated by Government by way of payment of interest thereon - There is no requirement of any specific provision for the payment of interest in such..........
Criminal Procedure Code, 1973, Section 451, Constitution of India, 1950, Article 226 -- Release of seized vehicle - When there is a specific statutory provision contained in Cr.P.C. empowering criminal Court to pass appropriate order for the proper custody and disposal of the property pending the inquiry or trial, appellant could not have invoked the extraordinary..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Dowry death - Proposed accused are devar and father-in-law of deceased - On the date of occasion they had not visited the place of occurrence - No specific allegations of involvement in alleged crime is imputed against them - Application rightly rejected...........
Agreement to sell -- Specific performance - Escalation of price is not a ground to deny specific performance of agreement to sell...........
