Agreement to sell -- Suit for declaration, possession of suit property by way of specific performance of agreement to sell and for grant of decree of permanent injunction - Readiness and willingness - Once defendant nos.2 & 3 have gained knowledge of fact that plaintiff no.2 & 3 are actual intended purchasers and thereafter applied for getting permission to sell in their..........
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 2(g) -- Money suit - Recovery of misappropriated funds - Maintainability of - Employee of bank fraudulently mis-appropriated funds - Bank employee is not in business activity with bank as required for definition of `debt' u/s.2(g) of the Act - Therefore, execution proceedings before Tribunal..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Family Court has no power to decree suit on the ground of irretrievable breakdown of marriage as it is a ground unrecognized in law - Decree to that extent unsustainable - However, since there are no emotional ties left between parties, as admittedly they are living in separation since..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Typographical mistake - Suit for specific performance - Amendment sought to change the date of agreement, amount as well as the area - Plaintiff unable to show as to why said typographical mistakes not corrected at the time when first amendment application was filed - Plaintiff cannot be allowed to carry..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - In a suit for specific performance, only necessary parties are vendor and vendee and any person claiming adversely to title of vendor is not a necessary party...........
Delhi Rent Control Act, 1958, Section 14(1)(a) -- Suit for eviction - Dismissal of - Ground that respondent entered into suit premises as prospective buyer and not as tenant - Denial of same by petitioner - Rent Controller required to decide matter by letting parties to produce evidence and provide explanation - Dismissal of suit, improper...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Production of account books/cash book to prove the amount due - May be relevant in civil suit but not so in a case u/s 138 of N.I. Act as presumption is raised in favour of holder of cheque...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Recovery suit - Plaintiff put the matter to defendant on basis of photocopy of document in question - Defendant admitted said document despite the fact that it was photocopy of document - Once document is admitted, plaintiff could not be faulted for seeking consequential amendment, that was purely formal..........
Benami Transactions (Prohibition) Act, 1988, Section 3, 4 -- Benami transaction - Defendant contended that plea of real consideration of property taken by plaintiff was barred being based on benami transaction - Contention rejected, as recovery suit filed by plaintiff is not based on any plea involving examination of a benami transaction - Besides, plaintiff is not..........
Civil Procedure Code, 1908, Section 92 -- Suit by trust - Leave u/s 92 CPC not taken - Rejection of plaint - Suit is not on behalf of public for vindication any public right but to protect the so called interest of trust and its property from hands of those who are now alleged to be intruders - Case has nothing to do with a breach of trust in a trust created for public..........
