Showing : 141-150 of 178 Results

SUPREME COURT OF INDIA
Year of decision: 2000
Details
Rent and Eviction-- Change of user - Undertaking given in the High Court by tenant to vacate the premises - Tenant has still a right to approach Supreme Court under Article 136 Constitution of India and can even seek interim relief of stay of eviction despite the undertaking given by him to vacate the premises...........
SUPREME COURT OF INDIA
Year of decision: 2000
Details
Civil Procedure Code, 1908, Order 40, Rule 1-- Receiver - Appointment of receiver suo motu in writ proceedings - Lower Courts rejected prayer for interim relief pending suit and dismissing application on merit - High Court in writ petition appointed Receiver suo motu though none of the parties asked for it - Improper - Power to appoint..........
RAJASTHAN HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - No interim relief which ultimately decides the main controversy of the suit can be granted while adjudicating upon the application U.O.39.Rr.1, 2 CPC...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1999
Details
Constitution of India, 1950, Article 226-- Delay and laches - Writ petition in 1997 claiming allotment of sites in terms of resolution of Improvement Trust of 1974 and sale deeds executed in 1980 - Petitioners at no stage lax in pursuing their cause for allotment and cannot be held guilty of laches and denied relief on that ground -..........
DELHI HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 14-- Interim injunction - Principles for grant of interim injunction are prima facie case, balance of convenience and irreparable injury if injunction is not granted - If the plaintiff can adequately be compensated for the loss caused to him by way of damages in the event of success of suit or any..........
DELHI HIGH COURT
Year of decision: 1999
Details
Arbitration and Conciliation Act, 1996, Section 9, Specific Relief Act, 1963, Section 14-- Contract - Termination - Appointment of Arbitrator - Reference of dispute to arbitrator arising out of the contract - Petitioner alleging termination of contract illegal - Respondent justifying it - These questions were subject matters of reference to be decided by the Arbitral Tribunal - Grant of..........
DELHI HIGH COURT
Year of decision: 1999
Details
Clean hands-- Suppression of material facts as to filing of previous suit - Relief sought in both the suits identical and almost similar - Two suits relate to the same suit property - Plaintiff is required to disclose all material and relevant facts including the fact of rejection of the prayer of interim..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1999
Details
Constitution of India, 1950, Article 226-- Concealment/non - disclosure/with - holding of material facts - Petitioner not entitled to be heard on merits of the case - Person who invokes writ jurisdiction - Must come with clean hands - Any attempt to mislead Court - Must be firmly dealt by Court - Person who does not come to Court with..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 7, Rule 10-- Return of plaint - Defendant gets a right to file a fresh written statement - This is for the reason that it is fresh presentation of the plaint and it is not continuation of the earlier suit - Mere fact that written statement has already been filed and interim relief granted before return of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2- - Temporary or ad interim injunction - Power of Court not only arises from provisions of Order 39 or under provisions of Specific Relief Act - Cases not covered under Order 39 - Court can still grant injunction under Section 151 - Inherent power of Court to grant injunction to meet ends of justice..........

Showing : 141-150 of 178 Results