Civil Procedure Code, 1908, Section 80 -- Suit for recovery of unpaid price and damages by way of interest - Damages by way of interest not be disallowed as not mentioned in notice u/s 80 CPC as to quantum of damages or specific rate of interest...........
Civil Procedure Code, 1908, Section 34 -- Rule as to interest prior to the suit not payable in the absence of specific stipulation does not apply when the right is conferred by the statute. Suit for recovery of unpaid price for the goods supplied and damages by way of interest - Such interest is payable u/s 61 of Sale of Goods Act...........
Civil Procedure Code, 1908, Section 145 -- Bond - Extent of liability of the surety - S.145(c) of the Code of Civil Procedure provides, to the extent material, that where any person has become liable as a surety for the fulfillment of any condition imposed on any person under an order of the Court in any suit or in any proceeding consequent thereon, the decree or order may..........
Civil Procedure Code, 1908, Section 96 -- Suit for damages for acts of its employees - Suit against employees dismissed for lack of proof - Appeal against State is not maintainable...........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Receiver when to be appointed - Court has wide discretion in the matter of appointment of Receiver but the discretion must be sound and reasonable. Court empowered to appoint Receiver of any property where it appears to the Court to be just and convenient that such appointment should be made. The exercise of the power is..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Wrongful attachment before judgment - Liability of plaintiff for damages when arises - If the plaintiff merely obtains an order of attachment against the defendant and nothing more is done in furtherance thereof, defendant cannot complain in a suit for malicious attachment that he has damnified. But if something is done in..........
Agreement to sell -- Suit for specific performance - Plaintiff prayed for alternative remedy also i.e. refund of earnest money together with damages - Suit not filed with promptitude though filed within period of limitation - Granting decree for specific performance not justified - However, alternative relief granted...........
