Specific Relief Act, 1963 – Section 20(2)(c) – Suit for specific performance – Agreement to sell – To take benefit of clause (c) of subsection (2) of Section 20 of the Specific Relief Act, the defendant in a suit for specific performance must show that he entered into the contract under the circumstances which though rendering the contract voidable, make it inequitable
SUPREME COURT OF INDIA DIVISION BENCH LEELADHAR (D) THR. LRS. — Appellant Vs. VIJAY KUMAR (D) THR. LRS. AND OTHERS — Respondent ( Before : Deepak Gupta and Aniruddha Bose,…
Karnataka Land Reforms Act, 1961 – Sections 61 and 61(2) – Agreement to sell – Under Section 61 of the Reforms Act, there is a complete prohibition on such mortgage or transfer for a period of 15 years from the date of grant.
SUPREME COURT OF INDIA FULL BENCH SMT. NARAYANAMMA AND ANOTHER — Appellant Vs. SRI GOVINDAPPA AND OTHERS — Respondent ( Before : Arun Mishra, M. R. Shah and B.R. Gavai,…
Bombay Tenancy and Agricultural Lands Act, 1948 – Section 27(1) – Karnataka Land Reforms Act, 1961 – Sections 21 and 48-A – Grant of occupancy rights – Cultivatory possession – Will is not hit by the embargo, whether that contained in Section 27(1) of the Act of 1948 or in Section 21 of the Act of 1961.
SUPREME COURT OF INDIA DIVISION BENCH KANNA TIMMA KANAJI MADIWAL (D) THROUGH LRS. — Appellant Vs. RAMACHANDRA TIMMAYA HEGDE (D) THROUGH LRS AND OTHERS — Respondent ( Before : A.M.…
Maharashtra Cooperative Societies Act, 1960 – Sections 22, 91 and 97 – Allotment of plot -Allotment of Plot No.2 in favour of the Appellant was illegal and that the Resolution passed by the Society in its meeting dated 25.03.1990 and the sale deed executed by the Society on 25.04.1989 were required to be quashed, are absolutely correct and fully justified – Appeal dismissed.
SUPREME COURT OF INDIA DIVISION BENCH SHIVKISHAN — Appellant Vs. SUJATA TARACHAND MAKHIJA AND OTHERS — Respondent ( Before : Uday Umesh Lalit and Vineet Saran, JJ. ) Civil Appeal…
Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) – Sections 8, 15, 42 and 52 – Non-production of contraband – Appeal against acquittal – If the seizure of the material is proved on record and is not even doubted or disputed the entire contraband material need not be placed before this Court.
SUPREME COURT OF INDIA DIVISION BENCH STATE OF RAJASTHAN — Appellant Vs. SAHI RAM — Respondent ( Before : Uday Umesh Lalit and Vineet Saran, JJ. ) Criminal Appeal No.…
Customs Act, 1962 – Sections 18 and 130E – Customs Tariff Act, 1975 – Section 16 – Customs Valuation (Determination of Price of Imported Goods) Rule, 1988 – Rules 9 and 9(1)(b) – Import activity – The value of the software and the concerned services were therefore rightly included and taken as part of the importation. Appeal dismissed.
SUPREME COURT OF INDIA DIVISION BENCH INDUSIND MEDIA AND COMMUNICATIONS LTD — Appellant Vs. COMMISSIONER OF CUSTOMS, NEW DELHI — Respondent ( Before : Uday Umesh Lalit and Vineet Saran,…
Penal Code, 1860 (IPC) – Sections 302, 323 and 324 – Murder – Appeal against conviction and sentence – accused should have known that hitting the deceased on the head with a sickle with great force causing fracture of the skull, is dangerous & would have imminently caused death. Appeal dismissed
SUPREME COURT OF INDIA DIVISION BENCH GURU @ GURUBARAN AND OTHERS — Appellant Vs. STATE REP. BY INSP. OF POLICE — Respondent ( Before : Deepak Gupta and Aniruddha Bose,…
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