Court : Chhattisgarh
Decided on : Aug-10-2006
Reported in : AIR2006Chh149
..... is discretionary relief and is not given merely because it is legal but it is governed by sound judicial principles. the circumstances referred to in sub-section (2) to (4) of section 20 of the specific relief act, in regard to exercise of discretion for granting a decree for specific performance are not exhaustive. in a suit for specific performance, the evidence and ..... selected from the decided cases.11. in : air2006sc1144 h. p. pyarejan v. dasappa (dead) by l.rs. it has been held by the apex court that the basic principle behind section 16(c) read with explanation (ii) is that any person seeking benefit of the specific performance of contract must manifest that his conduct has been blemishless throughout entitling him to ..... s.k. sinha, j. 1. this is the defendant's first appeal filed under section 96 of the code of civil procedure. it arises out of the judgment and decree dated 14-10-1993 passed by second addl. district judge, bilaspur, in civil suit no. .....
Tag this Judgment!Court : Chhattisgarh
Decided on : Aug-31-2006
Reported in : 2006(4)MPHT15
..... a discretionary relief and is not given merely because it is legal but it is governed by sound judicial principles. the circumstances referred to in sub-sections (2) to (4) of section 20 of the specific relief act, in regard to exercise of discretion for granting a decree for specific performance are not exhaustive. in a suit for specific performance, the evidence and ..... . setty and ors.8. in : air2006sc1144 , h.p. pyarejan v. dasappa (dead) by l. rs. and ors. it has been held by the apex court that the basic principle behind section 16(c) read with explanation (ii) is that any person seeking benefit of the specific performance of contract must manifest that his conduct has been blemishless throughout entitling him to ..... exercise would be redundant in view of what has been stated above.13. in the opinion of this court, the appeal involves no substantial question of law for consideration under section 100 of the code of civil procedure and the same is dismissed at the motion stage itself. .....
Tag this Judgment!Court : Chhattisgarh
Decided on : Oct-04-2006
Reported in : 2008ACJ1082
..... , c.j. in all these appeals, i.e., m.a. nos. 730 731, 722, 728, 723 and 729 of 2006 preferred by insurance company under section 173 of motor vehicles act, 1988 (for short 'the act'), the only question raised and argued is that though the motor accidents claims tribunal has rightly held that the appellant insurance company is under no legal ..... 729 of 2006, in the facts and circumstances of the case and the evidence on record, could be regarded as just and reasonable compensation within the contemplation of the act and if not, what is just and reasonable compensation?point no. (i):this point need not detain the court for long because this point is squarely covered by the ..... is also on lower side.6. having heard learned counsel for the parties, the following two points arise for decision:(i) whether the m.a.c.t. has acted legally in directing the appellant insurance company to pay the compensation to the claimants in the first instance and then to recover the same from the owner of the motor .....
Tag this Judgment!Court : Chhattisgarh
Decided on : Nov-14-2006
Reported in : 2007CriLJ220
..... see that the victim had no escape. one does not count his strokes he commits murder. this does not necessarily prove that the accused was doing the act under some hallucination.(g) evidence act (1872), sections 101, 105,. 4 - case of homicide - plea of insanity - burden of proof - (s) air 1956 nag 187, overruled.it is fundamental principle of ..... the test of 'prudent man', the accused will have discharged his burden. the evidence so placed discharged may not be sufficient to discharge the burden under section 105 of the evidence act but it may raise a reasonable doubt in the mind of a judge as regards one or other of the necessary ingredients of the offence itself. it ..... the ipc stands discharged.18. it is pertinent to mention that even if the evidence placed on record is not sufficient to discharge the burden under section 105 of the evidence act, but may raise a reasonable doubt in the mind of judge as regards one or other necessary ingredients of the offence including the mens rea of .....
Tag this Judgment!Court : Chhattisgarh
Decided on : Dec-01-2006
Reported in : AIR2007Chh36; 2007(1)MPHT65
..... deceased rajan yashpal, who is claiming the property to be of her own. there is a serious dispute regarding property found inside the locker.10. under section 373 of the act, in case of complication, the court has been empowered to issue succession certificate if the applicant appears to be the person having, prima facie, the best ..... divorce agreement in accordance with their custom. non-applicant no. 2 namely vikki is not son of rajan yashpal. she also filed an application under section 372 of the act for grant of succession certificate in her favour for access to locker and recovery of ornaments kept therein. both the applicants were filed before the civil ..... yashpal and non-applicant no. 2 vikki claiming himself to be a minor child of rajan yashpal filed an application for grant of succession certificate under section 372 of the act, for access to the locker and to receive the ornaments kept therein. applicant vimala devi claiming herself to be the mother of deceased rajan yashpal pleaded .....
Tag this Judgment!Court : Chhattisgarh
Decided on : Dec-04-2006
Reported in : II(2007)DMC797; 2007(1)MPHT127(CG)
..... the absence of such circumstances'. of course, the basic ingredients of the offence has to be proved by the prosecution. the burden contemplated under section 105 of the evidence act can be discharged by bringing some material on record, i.e., by producing documentary evidence, medical evidence, other defence witnesses or by cross- ..... harassment by police accused may make confession. in such a case, there will be every chance of failure of justice. the provisions of section 24 of the evidence act which contemplate that when confession appears to the court has been caused by any inducement, threat or promise having reference to the charge against ..... judicial confession was made by accused girjabai in presence of hawaldar and dwarika prasad tandon, police officials, therefore, extra judicial confession is hit by section 25 of the evidence act and same is not admissible in evidence.11. on the other hand, learned counsel for the state/respondent argued that as extra judicial confession .....
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