Agreement to sell -- Holder of agreement does not have any right in suit property and can only seek specific performance of said agreement to sell...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration of ownership - Petitioner sought his impleadment on the ground that defendant no.1 has executed agreement to sell in his favour - He is not in possession of property - Plaintiffs are not seeking any right against petitioner - Petitioner is neither necessary nor proper party in the..........
Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 23, Rule 3, , Section 151, Limitation Act, 1963, Article 122 -- Compromise - Suit dismissed as withdrawn - Restoration of suit - Dismissal of suit as withdrawn is akin to dismissal of suit for want of prosecution - Limitation for filing application for restoration of such suit is 30 days...........
Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Suit dismissed as withdrawn - Seven plaintiff never contested this fact - Their silence over such a material issue for over two decades supports the inference of a concluded compromise - Unexplained delay of over two years by two applicants suggest that restoration..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(4) -- Secured asset - Tenant in secured asset - Respondent claimed he was a tenant in the secured asset from 1987 - However, he was unable to place on record any rent receipt, tax receipt or electricity bill evidencing continued occupation of premises prior to..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written Statement - Non filing within time - No good reason assigned for not filing written statement for more than two years after appearance in suit till matter reached the stage of judgment - Application to set aside `no written statement' order, rightly rejected...........
Evidence Act, 1872, Section 122 -- Recorded conversation in between husband and wife - Law as to : (i) Provision of S.122 of the Act deals with admissibility of privileged communication made by a married person to a partner during subsistence of marriage; (ii) S.122 of the Act is worded in two parts: (a) Compellability and permissibility - Two parts are separate and have..........
Hindu law -- Self acquired property - Plaintiff contended that suit property was purchased in the name of defendant no.2 as Benamidar by his father out of joint family fund - However, he has not been able to even produce certified copy of sale deed nor he has ever challenged legality of said sale deed - Plaintiff has not brought on record as to how fund was collected,..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Pendency of civil suit - The pendency of civil proceedings on the same subject matter, involving the same parties is no justification to quash the criminal proceedings if a prima facie case exist against the accused persons...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Pendency of civil suit - No bar exists against prosecution if the offence punishable under criminal law are made out against the parties to the civil suit...........
