Specific Demand Crucial in Corruption Cases: Key Rules

2025 0 Supreme(SC) 593

The plaint which it filed before the court in such cases must state all the facts with sufficient candour and clarity. ... But the respondent has claimed a decree for specific performance and it is for him to establish that he was, since the date of the contract, continuously ready and willing to perform his part of the contract. If he fails to do so, his claim for specific performance must fail. ... If the plaintiff fails to either aver or prove the same, he must fail. ... If the plai....

2022 0 Supreme(Mad) 3772

As per Explanation (ii) to Section 16(c) of Specific Relief Act, the plaintiff must aver readiness and willingness to perform the contract according to its true construction. ... Raghavan, learned counsel for the plaintiff, conceived of an answer and expressed the same before us by submitting that the demand for the payment of Rs. 10,000 was combined with the demand for the payment of Rs. 40,000 which, the defendants claim, was paid for obtaining the release and the demand was ... Vidyanadam (1997) 3 SC....

2024 8 Supreme 684

The reality arising from this economic change cannot continue to be ignored in deciding cases relating to specific performance. ... The aforesaid two views of this Court, expressed by coordinate benches, demand deference. ... If the plaintiff fails to either aver or prove the same, he must fail. ... If the plaintiff fails to either aver or prove the same, he must fail. ... However, the demand draft dated 11th February, 2006 being valid only for a period of 6 (six) months, i.e., 10th Au....

2024 Supreme(HK)(HKCFI) 127

The jurisdiction to make a bankruptcy order will only be exercised in very clear cases. ... (5) The general rule at common law is there must be mutuality between the parties before a set off can take place. ... In around February or March 2021, in the HCA the Respondents applied for specific discovery against Rothwell with respect to certain private communiations between him and members of two Facebook groups. ... the alleged defect in the Statutory Demand. ... At the hearing, Mr Justice K Yeung grante....

Making the fullest allowance for the recent appreciation of property, the privilege of redeeming the property for Rs. 1, 715 must have been worth much more than Rs. 450 in 1908. ... a transfer of the said property after the said period, and we shall not so demand. ... The plaintiffs now sue for specific performance, for Rs. 450 damages, and mesne profits. ... a transfer of the said property after the said period, and we shall not so demand. ... The principle of law has been thus stated in cases where ....

2024 Supreme(Online)(Bom) 8031

He would submit that intimation of arrears of rent is sufficient for maintaining a suit for eviction under Section 15 of the MRC Act and that it is not necessary that a specific demand for recovery of rent must made in the notice. ... There is no specific demand of rent in the notice dated 26 March 2003. However, the said notice makes a specific reference to the earlier notice dated 13 May 1997 with a further statement that the Defendant did not pay rent to the Plaintiff since Septembe....

Bombay

He would submit that intimation of arrears of rent is sufficient for maintaining a suit for eviction under Section 15 of the MRC Act and that it is not necessary that a specific demand for recovery of rent must made in the notice. ... There is no specific demand of rent in the notice dated 26 March 2003. However, the said notice makes a specific reference to the earlier notice dated 13 May 1997 with a further statement that the Defendant did not pay rent to the Plaintiff since Septembe....

2025 Supreme(Online)(Kar) 34651

PW-3 did not say that the appellant made a specific demand of gratification in his presence to PW-2. To attract Section 7 of the PC Act, the demand for gratification has to be proved by the prosecution beyond a reasonable doubt. ... For an offence under Section 7(a) of the Act which is now alleged against the petitioner, there must be demand and acceptance and if trap is to be laid nuances of trap must be present for which demand and acceptance is again a sine qua non....

1994 0 Supreme(AP) 622

Nor can the scope of the discretion, after excluding the cases mentioned in Section 20 of the Specific Relief Act, 1963, be confined to waiver, abandonment or estoppel. ... So, there must be sonic discretionary field unoccupied by the three cases, otherwise the substantive section becomes otiose. It is difficult to define that field. Diverse situations may arise which may induce a Courourt not to exercise the discretion in favour of the plaintiff. ... A. 13) sent by the appellant did not accompany any, cheque or #HL_STAR....

There, too, the expression " action for debt, damage, or demand " occurs, and if the word " demand " there be not held to include a declaration of title to movable property, there would be no provision whatever conferring jurisdiction on the Court of Requests in such cases. ... It must be set down for argument before me on the law. DE SAMPAYO A. J. ... The uniform practice of the Courts, which in this connection affords a good rule of interpretation, has been to allow actions in the Court of Requests for declarat....

2025 0 Supreme(Guj) 1004

(a) must serve a demand to the debtor company, and; 14. On perusal of the provision, it becomes clear that the Section postulates, as condition for maintaining petition for winding up, that the claimant-creditor (b) such demand must be made in writing/under his hand and the company must be asked to pay the dues, and; (c) such demand, issued/made in aforesaid manner, must be served “On the company” (i.e. not on any person like any Officer/Manager/Director/Employee etc. but only on the company), and;

2019 6 Supreme 433

In cases covered by Section 13(2) tax must be paid without any notice of demand. As seen above, sub-section (1) of Section 24 deals with an assessed tax or tax which has become payable under the Act. But as stated above, under Section 13(2) tax is to be paid “on the basis of such returns”.

2018 0 Supreme(Guj) 1165

Demand for recount must contain specific allegations of illegality, irregularity, etc., and must be supported by cogent material. (ii) In case of Prahladbhai Khemchanddas Patel v. Election Officer of Visnagar Taluka Panchayat Election and Taluka Development Officer, reported in 2003 (3) GLR 1450, in which in the context of challenge to the election of Panchayats, referring to Sec. 31 of the said Act, Division Bench of this Court held that marginal difference in the votes polled by the rival candidates itself would not a ground for recount.

2014 3 Supreme 554

The specific details of the demand are given in the evidence. PW1 must have been in a great shock when he saw the dead bodies of his sister and niece lying in Malprabha river. He could not have therefore given details of the demand made by the appellant and other particulars of harassment to which the deceased was subjected, in his complaint. The fact that the deceased was asked to bring money and gold from her parents' house and she was harassed for that is stated in the complaint.

2010 0 Supreme(Mad) 2009

The second demand thus must be in reference to the first demand. The second, being popularly known as the second demand, is talab-i-ishhad, which literally speaking means and implies the demand which stands witnessed. It is so done in the presence of two witnesses and also in the presence of either the vendor (if he is in possession) or the purchaser and the third demand though not strictly a demand but comes within the purview of the principle and means initiation of legal action. It is however not always necessary since it is available only when one enforces his right by ....