Specific Relief Act, 1963, Section 38 -- Injunction suit - Wakf Property - Civil Court has jurisdiction to deal with wakf property - Injunction suit with regard to wakf property held, maintainable...........
Civil Procedure Code, 1908, Section 89 -- Mediation - Suit for specific performance - Civil Court by referring matter to Mediator had not sent matter for judicial settlement - S.89(2)(d) CPC thus, would apply - However, it is not the claim of plaintiff that after talks were declared successful by mediator, any further action was taken by plaintiff before civil Court -..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objection as to validity of a decree - Suit for specific performance was maintainable only before civil Court - Therefore Court did not lack inherent jurisdiction and decree in such a case would not be nullity and not open to challenge in execution proceedings - Objection rejected...........
Co-owner -- Suit for declaration - Maintainability of suit - If defendant is in possession and suit has not been filed for restoration of possession but merely for a declaration, then such a suit would not be maintainable...........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Suit for mandatory injunction not maintainable for enforcing a pre-emption right...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for cancellation of sale deeds is maintainable before civil Court - Suit held, not barred by S.49 of U.P Consolidation of Holdings Act...........
Civil Procedure Code, 1908, Order 37 -- Summary suit - Suit U.O.37 CPC is maintainable only if a claim within ambit of O.37 CPC is made thereunder...........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Revocation of license - Suit for mandatory injunction is legally maintainable where a license of licensee is revoked - Suit for mandatory injunction is maintainable to prevent breach of an obligattion...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that adoption deed is void - Maintainability - Adoptee was 32 years of age at the time of adoption and age difference between adopted mother and adoptee was less than 21 years - Adoption was void in eyes of law - Suit for declaration thus, definitely appropriate remedy to question validity of such an illegal..........
Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947, Section 11, 12(3)(b) -- Rent and eviction - Arrear of rent - Declaration suit has resulted in a compromise - Parties have filed before Court consent terms - Despite consent, tenant applied for having standard rent fixed - Said application was dismissed - Trial Court rightly held that application is not..........
