Agreement to sell--Vendor neither owner nor in possession of suit land at time of agreement to sell--Whether suit for specific performance could be decreed--YES--On acquisition of title in property subsequently, vendee can enforce contract of specific performance. 512
Allotment of flat--Cancellation of--MIG flat--When allotment had not been made to some other person and property is still available and there was offer made by allottee to pay whole amount and an authority has taken a decision to take a lenient view there is no scope for High Court to intervene with such an approach made by authority who is competent to take final decision. 552
Attempt to Murder--Both accused young lads facing trial for 14 year could not comprehend consequences of their act--Sentence reduced from 5 years to 3 years 516
Detention--State failed to explain about whereabouts of person who was allegedly in their custody--High Court directed Sessions Judge to conduct enquiry--Session Judge opined that story put by petitioners as well as respondent --Not a fit case where criminal case should be registered against respondent--Since ‘A’ not been recovered till date--Direction to State to pay compensation of Rs.5 lacs. 554
Eye Witness--Mere fact that witnesses have not removed deceased from place of occurrence for purpose of treatment to hospital does not warrant any adverse inference. 499
Injunction--Permanent injunction--Possession--Once it is proved that plaintiff were not in possession of suit property on date of filing of suit, suit for injunction not competent. 530
Murder--Conviction--Culpable homicide not amounting to murder--In view of nature of weapon i.e. wooden ghotna and single blow on head of deceased which resulted in haemotama accused cannot be held guilty of offence covered under definition of murder given in Section 300 IPC--Accused is guilty of culpable homicide not amounting to murder in view of exception 4 to Section 300 punishable under Section 304 Part II IPC--Sentence of life imprisonment imposed upon him modified to that of already undergone. 518
Murder--Conviction--Mere fact that witnesses have not removed deceased from place of occurrence for purpose of treatment to hospital does not warrant any adverse inference. 498
Notice--Service of--Presumption--In case it is proved, that there is no role of the addressee in sending back the letter and the letter, is received back by the sender with the remarks ‘Not Present’ no presumption can be drawn of addressee’s service, as ‘the return’ itself shows that letter was actually not served 502
Partition--Denovo Partition--Mode of partition settled--Naksha Zeem was called for--No need to remand matter for denovo partition. 550
Partition--Withdrawal from--After confirmation of mode of partition appellants cannot be permitted to withdraw from partition. 550
Pre-emption--In order to succeed in suit for pre-emption the pre-emptor has to prove his right at the time of filing of the suit and then during the period of suit and thereafter, till passing of the decree by the trial court--If on the date of decree, right of pre-emption is not available, the same cannot be perfected subsequently. 521
Retrenchment--Appellant worked for 3 years without break during his service tenure--No reason given of his termination--Termination in contravention of the provisions of Section 25F. 487
Second Complaint--Maintainability of-- Second complaint on almost identical facts which were raised in the first complaint and was dismissed on merits--Second complaint was not maintainable. 481
Tenancy--Termination of --Tenant did not dispute rent note--In written statement filed in rent petition relationship of landlord and tenant admitted--Tenant estopped from challenging title of landlord. 534
Termination of tenancy--Notice--Service of--Presumption--When letter is received back with report ‘Not Present’, no presumption of service can be drawn unless something more is proved by leading cogent evidence that it was in fact refusal. 502
