Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 41(h) -- Development agreement - Breach of - Sought to be restrained from - Plaintiff earnestly performing his part - Spent huge amount of Rs.30 lacs for development on assurance of defendant - Defendant committed default - Defendant was trying to back out of said agreement - Strong prima..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Subsequent vendee - Suit for specific performance - Applicant purchased suit property prior to filing of suit - Presence of subsequent vendor in whose favour property in dispute is alienated is necessary for effective and complete adjudication of the suit - Order allowing impleading of subsequent vendee as defendant, upheld...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Grant of - Interim injunction against demolition and taking forcible possession of land - Application for - Interim order granting stay of demolitions of suit property - Another suit for declaration of title - Both suits consolidated - Dismissed for non-prosecution - With dismissal of suit..........
Civil Procedure Code, 1908, Order 9, Rule 7, Civil Procedure Code, 1908, Order 8, Rule 1 -- Exparte order - Set aside - Filing of written statement beyond 90 days - Held, amendment of provision of O.8.R.1 cannot be construed as a fetter on the Court to allow parties to file written statement beyond time prescribed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Easement Act, 1882, Section 60 -- Tenancy right - Construction of - Refusal to use irrevocable licence - Validity of - Plaintiff was tenant of first floor of premises - Permitted to use roof top and garden but not as part of her tenancy right - Intention of parties was never to create irrevocable licence in favour of..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Time frame for filing the same - Failure to file - Conduct - Relevant - Defendant appeared without service of summons - Delay to be condoned - Written statement expiry of time - Allowed...........
Civil Procedure Code, 1908, Order 39, Rule 1, Indian Contract Act, 1872, Section 126 -- Encasement of Bank guarantee or letter of credit case - Interim injunction, against - When can be granted - Fraud played by defendant by preponing date of loading of goods to obtain benefit of early payment as per conditions of letter of credit - Non-supply of goods of approved quality..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - At appellate stage - No explanation as to why an application not filed before trial Court seeking permission of Court to withdraw suit with liberty to file fresh suit - Trial Court on the basis of material available on record, decided the suit on merits against the plaintiff - After judgment and decree by..........
Civil Procedure Code, 1908, Order 1, Rule 10, Societies Registration Act, 1860, Section 15 -- Election dispute - Election already held - Office bearers elected - Giving an opportunity of hearing to elected members in a dispute of this nature is imperative and not a matter of mere procedure, formality or technicality - Dispute as to election of office-bearers of Board of..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Misconception of law - Plea of - Maintainable - Mistake by Court in nature of undertaking given - Can also be a ground...........
