Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim order granted - Subsequently suit dismissed on merits - It is within the competence of the Court to award damages against plaintiff, for obtaining the order of interim injunction...........
Civil Procedure Code, 1908, Section 151 -- Defamation - Suit for recovery of damages - Subsequently complaint under S.500 IPC filed against defendant - As simultaneous prosecution of the criminal proceedings and civil suit would embarrass the defendant, civil suit ordered to be stayed till the disposal of the criminal complaint...........
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- First suit for declaration that removal of name from list of casual artists of AIR is illegal and his second suit filed after securing relief of such declaration for damages for having illegally deprived him of broadcasting engagements from All India Radio, cause of action in both suits cannot be said to be..........
Civil Procedure Code, 1908, Section 80, Order 27, Rule 5A -- Sub Inspector of Police - Misbehaviour - Suit for damages - Notice u/s 80 issued to Sub Inspector of Police and not to State - State impleaded party in view of provision of O.27.R.5A - No relief claimed against State - Suit is not bad for want of notice to State...........
Agreement to sell -- Suit for specific performance - Defendant ready and willing to pay damages - Rise in prices of the property during pendency of suit - Not the sole consideration for refusing the grant of decree for specific performance of a contract - There is no fact or circumstance placed on record or proved on the basis of which it can be said that the decree of..........
Civil Procedure Code, 1908, Order 33, Rule 1, Employee's State Insurance Act, 1948, Section 53 -- Suit in forma pauperis seeking permission of Court to allow him to file a sit for compensation for injuries sustained - Employment injury - Claim of damages is barred u/s 53 ESI Act - Held, trial Court was right in dismissing the application U.O.33.R.1 CPC...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Agreement to sell - Suit for injunction filed when a right had accrued to the plaintiffs to sue for specific performance of the contract - Plaintiffs not only omitted to sue for specific performance of the contract or for recovery of earnest money/liquidated damages but also did not seek any leave of the Court to sue for such..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Agreement to sell - After due date suit for permanent injunction filed - Suit got dismissed without seeking permission to file suit for specific performance or for recovery of earnest money - Second suit filed for recovery of earnest money and liquidated damages - Held, subsequent suit is barred...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- False lodging of FIR - Suit for damages - Death of defendant - Cause of action does not survive - Legal heirs of defendant cannot be substituted...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Petitioner and respondent both filed civil suit claiming damages against each other - Suit of petitioner dismissed and order became final - Suit of respondent decreed - Claim of both suits had arisen from the same cause of action - Decree in favour of respondent cannot be assailed as self same question was directly..........
