Civil Procedure Code, 1908, Order 12, Rule 6(1), Specific Relief Act, 1963, Section 20 -- Suit for specific performance - Decree on admission - Admission by defendant that full payment due under suit agreement, as it originally stood, was received - Not an admission entitling plaintiff to grant of specific performance particularly when defence was that when agreement was..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for possession after evicting defendant - Amendment sought in regard to extent and measurements of plaint schedule property - No prejudice is caused to defendant tenant as claim of tenancy is not in respect of entire extent - Amendment sought is imperative for proper and effective adjudication of..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Suit for possession, injunction & redemption of mortgage - No reason as to why document in knowledge and possession of appellant not produced in trial court - It is not duty of this court to call fresh evidence to pronounce a judgment in a particular way - Therefore, documents are not..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim Injunction - Co-sharer cannot legally be permitted to raise construction, which changes the nature of property detrimental to the interest of other co-sharer, unless the matter is finally decided by the concerned court - Parties are directed to maintain status-quo with regard to existing position of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Preservation of property is fundamentally important lest a judgment and decree in favour of plaintiff subsequently passed is rendered incapable of execution - Thus, it is proper in facts of case to restrain defendant from alienating, transferring or otherwise creating..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Suit for specific performance - Delivery of possession - Possession of suit property was proved by plaintiff through Ex.P2 & P3-pahani which shows the name of plaintiff as purchaser - These documents prima facie establish possession of plaintiff of suit property - Injunction rightly granted...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Cannot be granted when suit for permanent injunction is not maintainable...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Defendant allowed plaintiff to stay in the part of his house gratuitously - Plaintiff had misused the process of law by filing suit for permanent injunction, which is not maintainable in the eye of law - Held, in absence of any valid and subsisting lease or licence or rent agreement, petitioner..........
Indian Penal Code, 1860, Section 326, 325, Criminal Procedure Code, 1973, Section 320 -- Grievous hurt - Compounding of offence - Appellant alleged to have assaulted injured with iron rod - Nothing on record to show that iron rod was used - In suit filed for compensation injured alleged that appellant beat him with wooden stick - Held, conviction u/s.326 IPC liable to be..........
Civil Procedure Code, 1908, Order 41, Rule 14(3) -- Suit for specific performance - Grant of alternative relief - Appeal thereagaisnt filed by plaintiff - Reversal of decree and grant of relief of specific performance even without issuing notice to those defendants who were proceeded ex parte in the trial Court - Held, Appellate Court committed patent illegality by..........
