I hold that in a suit for specific performance, it is for plaintiff to establish his/her readiness and willingness from the date of agreement till the date of sale. In the instant case, the plaintiff has not established that she was ready and willi..
There is no hard and fast rule that there cannot be a view that time can never be the essence of contract relating to immovable property, but it all depends upon each and every contract and the intention of the parties as found spelt out and portraye..
Indeed, we are inclined to think that the rigor of the rule evolved by courts that time is not of the essence of the contract in the case of immovable properties - evolved in times when prices and values were stable and inflation was unknown - requir..
It is well settled that the plaintiff cannot pick holes in the defendant’s case to establish his case...
Transfer of Property Act, 1882-Section 53(A)-Agreement holder whose suit for specific performance is dismissed-Not entitled to retain possession under the agreement-Plea of adverse possession not maintainable. Specific Relief Act, 1963-Section 16(..
Interested witness is one who is interested in securing conviction of a person out of vengeance or enmity or due to disputes relating to the properties..
Telegraph Act was a special law, its provisions would prevail over a general law like Consumer Protection Act, 1986. "It is a settled law that general law must yield to special law," said the Bench and noted that there was a remedy prescribed und..
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Now, it is also a settled law that where two interpretations of statute/law are possible, then the one favouring the consumer is to be taken. Moreover, in case of petty consumer disputes, to direct a poor consumer to approach the Central Government f..
The special right recognized under the Copyright Act can be enforced only through the civil court. The machinery contemplated under the TRAI Act cannot determine the civil disputes which fall outside the scope of section 15 of the TRAI Act, 1997. Suf..
The BSE Card is not an Intangible Asset within the meaning of section 32 of Income Tax Act, and hence not eligible for depreciation..
Penalty on Disallowance of certain expenses- Not Leviable, False Claim of Deduction - Penalty Leviable and Inadvertent Error- Not Leviable..
If police remove name of an accuse even then person can file an application u/s 319 for adding the name of that accuse...
1. An apt title to this order could be “Adoption of Orphan Satyam”. Or “Orphan Satyam Adopted”. Apparently a healthy and smiling company, having won various laurels-mostly in relation to corporate governance, became a weeping orphan overnight ..
Waiver of statutory period under s.13(b)(2)..
Permission under section 155 (2) Cr.P.C. can be granted by the magistrate on the application of complainant or other aggrieved person also.......
156 (3) Cr.P.C.-Rape allegation against father-in-law-no reason not to direct registration of FIR-order quashed-matter remanded......
Constitution of India, 1950: Article 32--Writ petition by wife of condemned prisoner---Capital punishment-- Justification of--Hanging by neck--Scientific and less painful. Constitution of India, 1950:Article 21 ---Death penalty--- Awarding--Not u..
"That as per Motor Vehicle Acts and Rules the owner is not entitled to get any compensation if he drives the vehicle and falls in an accident- As the Insurance Policy is a third party in nature- The contract between the insured and insurer is that..
Further applying the well laid down principle that when application for revocation of a patent of the Respondent is pending before the Appellate Tribunal and when such an application has been preferred on the ground of existence of a prior art, o..
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