LawforAll

▼
Sunday, May 29, 2016

Sections 465, 468, 471 read with Section 120-B of the Indian Penal Code, =manipulation done by these persons in revenue records and using the manipulated documents in the civil proceedings in a suit filed by them in relation to the land for their personal benefits to obtain the decree, the State Authorities (Revenue Department) made inquiries and filed FIR against the appellant and his brother which gave rise to the filing of charge sheet in the Court of Judicial Magistrate against them for commission of the offences as mentioned above.

›
                             CORRECTED                                                               Non-Reportable                     ...
Thursday, May 26, 2016

A decree passed against the defendant is available for execution against the transferee or assignee of the defendant judgment-debtor and it does not make any difference whether such transfer or assignment has taken place after the passing of the decree or before the passing of the decree without notice or leave of the Court.; a lis pendens transferee, though not brought on record under Order 22 Rule 10 of the CPC, is entitled to move an application under Order 9 rule 13 to set aside a decree passed against his transferor-the defendant in the suit.

›
CASE NO.: Appeal (civil)  400 of 2004 PETITIONER: RAJ KUMAR RESPONDENT: SARDARI LAL DATE OF JUDGMENT: 20/01/2004 BENCH: R.C. LA...
Friday, May 20, 2016

whether any time was fixed for performance of agreement of sale. If it is so fixed, the suit must be filed within the period of three years, failing which the same would be barred by limitation. Here, however, no time for performance was fixed. It was for the Courts to find out the date on which the plaintiff had notice that the performance was refused and on arriving at a finding in that behalf, to see whether the suit was filed within three years thereafter.

›
CASE NO.: Appeal (civil)  6141 of 2000 PETITIONER: Janardhanam Prasad RESPONDENT: Ramdas DATE OF JUDGMENT: 02/02/2007 BENCH: S....

It is settled law that even in the absence of specific plea by the opposite party, it is the mandate of the statute that the plaintiff has to comply with Section 16(c) of the Specific Relief Act and when there is non-compliance with this statutory mandate, the Court is not bound to grant specific performance and is left with no other alternative but to dismiss the suit. It is also clear that readiness to perform must be established throughout the relevant points of time. "Readiness and willingness" to perform the part of the contract has to be determined/ascertained from the conduct of the parties."

›
It is settled law that even in the absence of specific plea by the opposite party , it is the mandate of the statute that the plaintiff ha...