� REPORTABLE� IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2420 OF 2018 R LAKSHMIKANTHAM Appellant(s) VERSUS DEVARAJI Respondent(s) J U D G M E N T R. F. NARIMAN, J. In the present appeal, despite service of notice, nobody appears for the respondent. We have heard Dr. (Ms.) Pooja Jha,… Read More readiness and willingness= High Court order is not correct in stating that readiness and willingness cannot be inferred because the letters dated 18.12.2002 and 19.12.2002 had not been sent to defendant. The High Court also erred in holding that despite having the necessary funds, the plaintiff could not be said to be ready and willing. In the aforesaid circumstances, the High Court was also incorrect in putting a short delay in filing the Suit against the plaintiff to state that he was not ready and willing. In India, it is well settled that the rule of equity that exists in England, does not apply, and so long as a Suit for specific performance is filed within the period of limitation, delay cannot be put against the plaintiff
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.4132 OF 2008 MOHAN LAL APPELLANT(S) RAM KANWAR (D) THR. LRS. & ANR. RESPONDENT(S) O R D E R This appeal has been filed against the judgment of the High Court dated 11.09.2007 in Civil Revision No.1903 of 1994 by which judgment Civil Revision… Read More When appeal was dismissed on merits and technical point – while confirming lower appellate court dismissal order , it not necessary to decided the technical point =The suit was filed in the year 1982. The Trial Court has noted that the property was given on rent by defendant to other person with regard to which there was another agreement. The possession was not with the appellant or defendant and was with the third person. The Trial Court, after considering the evidence available on record, has categorically held that plaintiff had failed to prove that he was ready and willing to perform his part of contract, as required by Section 16(c) of the Specific Relief Act. We are of the view that in the present case it is not necessary for us to consider the issues pertaining to abatement of appeal on the ground that appellant did not bring on the record all the legal heirs.
IN THE SUPREME COURT OF INDIA CIVIL APPEAL NO(S). 7533/2008 GAJANAN WAMAN CHIKHALE AND ORS. APPELLANT(S) RAMDAS BAKARAM THOMBRE AND ANR. RESPONDENT(S) Heard learned counsel for the parties. The appellants are the legal representatives of the defendant and the respondents are the plaintiffs. The original defendant/Wamanrao, died during the pendency of the appeal before the… Read More Conditional agreement is not enforceable when it is not out and out sale = was mentioned in the agreement that Rs.5000/- would be paid after one year of the execution of the sale deed. Such stipulations cannot be said to be for making out and out transaction of sale. Apart from that it would be unfair to enforce such a conditional agreement. The aforesaid stipulations also has the adverse effect on the readiness and willingness which is required to be proved by the plaintiff/respondents to purchase the property and due arrangement of money from the date of agreement till the decree is passed.
The Trial Court convicted the Appellant under Section 498A and 306 IPC. Sentence of three years’ simple imprisonment for the offence under Section 498A IPC and four years simple imprisonment for the offence under Section 306 IPC was imposed on the Appellant. The appeal filed by the Appellant was partly allowed by the High Court.… Read More whether the conviction under Section 498A is impermissible after he was acquitted for the offence under Section 306 IPC and on the non availability of any evidence pertaining to demand of dowry?
In Mukesh’s case, this Court held: 8 “By the impugned judgment, a Division Bench of the High Court correctly held that the Appellants have no legal right to seek appointment on compassionate grounds. Compassionate appointments are not a source of recruitment and they are made to provide succour to the family of an employee who… Read More whether the order – directed the grant of compassionate appointment to the respondents on a regular scale of pay in the services of the State Government and not on the post of Nagar Shikshaks to which they were appointed. is correct?
In the present case, huge volume of gold had been smuggled into the country unabatedly for the last three years and about 3396 kgs of the gold has been brought into India during the period from July 2018 to March, 2019 camouflaging it with brass metal scrap. The detaining authority recorded finding that this has… Read More quashing the detention orders passed against the detenues. is correct ?