Specific Relief Act, 1963, Section 5, Civil Procedure Code, 1908, Order 21, Rule 35 -- Suit for possession of property - Defendants purchased property inspite of being aware of plaintiff's claim over the property - Defendants never made a endeavour to verify whether the vendor has title to the property - Old building demolished and new constructions made during pendency of..........
Tort -- Negligence - Suit for damages - Proof of negligence is to be followed by a plea at least as an alternative case without plea and proof a decree for damages cannot be given for negligence...........
Civil Procedure Code, 1908, Section 80, Order 27, Rule 5-A -- Suit for damages or other relief against a public officer - Govt. is to be joined as a party to the suit - Notice is to be served under Section 80 CPC - Notice served on officers of the government and not on State Govt. - Exclusion of notice period cannot be claimed - Waiver or silence or acquiescence does not..........
Agreement to sell -- Suit for specific performance - Normal term of the contract fixing the liquidated sum of damages - No question of any option having been given by the agreement to the plaintiff to make an election - Plaintiff not prevented from enforcing the contract. (Specific Relief Act, 1963, S.10)...........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A -- Suit for specific performance - Consent order - Consent order debarred contractor from claiming specific performance or damages in lieu thereof, but preserved other claims - Claims for work done or goods supplied - Not barred...........
Agreement to sell -- Suit for specific performance - Mere mention in the agreement of sum to be paid in case of default is no ground for denying specific performance of the agreement - Mention of damages in agreement Is only for the purpose of securing performance...........
Agreement to sell -- Suit for specific performance - Alternative relief as to damages not claimed - Only relief claimed was possession of suit land by way of specific performance - Alternate relief cannot be granted...........
Court Fees -- Suit for damages and compensation - Valuation of suit for the purposes of Court fee assessed tentatively by plaintiff - Cannot be disputed...........
Court Fees -- suit for damages and compensation - Valuation of suit for the purposes of Court fee assessed tentatively by plaintiff - Cannot be disputed...........
Agreement to sell -- Suit for specific performance - Specific performance ordinarily to be granted unless equitable considerations show that damages would constitute adequate relief - Inadequacy of consideration alone is not a ground for refusal of relief of specific performance. (Specific Relief Act, 1963, S.20)...........
