Civil Procedure Code, 1908, Order 2, Rule 2 -- Agreement to sell - Sale deed to be executed on or before 20.9.1988 - Injunction suit filed prior to accrual of cause of action for filing suit for specific performance - Suit for specific performance is not barred U.O.2.R.2 as the cause of action of the injunction suit is totally different and independent from the suit for..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Cause of action of injunction suit totally different and independent from suit for possession by way of specific performance - Earlier suit for injunction to restrain defendant from alienating suit property and subsequent suit for specific performance - Withdrawal of suit for injunction after filing of suit for specific..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interlocutory mandatory injunction i.e. to relegate parties to status of last non - contested status - Prayer for direction to defendant No. 2 (who allegedly during pendency of suit, for permanent injunction restraining defendants from interfering with tenancy rights of plaintiff - tenant in the house, in which stay order..........
Civil Procedure Code, 1908, Order 3, Rule 2 -- Lawyer is authorised representative/ agent of his client - Has power and authority under the power of attorney granted in his favour to make a statement on behalf of his client and even to the extent of suffering a decree - Statement of Advocate withdrawing the appeal being compromised - Binding upon the client...........
Civil Procedure Code, 1908, Section 2(2) -- Compromise/consent decree - Binding on parties as a decree passed after contest - Compromise/consent decree has binding force of res judicata if same not vitiated by fraud, misrepresentation, misunderstanding or mistake - Consent decree or order based on statements of parties recorded in Court - Not required to be registered -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Considerations which ought to weigh with the Court (i) Extent of damages being an adequate remedy; (ii) Protect the plaintiff's interest for violation of his rights though however having regard to the injury that may be suffered by the defendants by reason therefor; (iii) The court while dealing with..........
Consumer Protection Act, 1986, Section 2(g), 21, 22 -- Agreement to purchase flat - Flat not given inspite of making payment - Second agreement stipulating builder to give payment of flat to complainant within a stipulated period - Subsequent agreement without prejudice to right under earlier agreement - Failure to give amount of flat within the stipulated time - National..........
Consumer Protection Act, 1986, Section 2(g), 14 -- Complaint after accepting claim amount in full and final settlement - Mere execution of discharge voucher would not always deprive consumer from preferring claim with respect to deficiency in service or consequential benefit - If consumer satisfies the authority under the act that discharge voucher was obtained by fraud,..........
Civil Procedure Code, 1908, Order 2, Rule 2, Rajasthan Premises (Control of Rent and Eviction) Act, 1950, Section 13(1)(a) -- Arrears of rent - Eviction suit based on default in payment of rent, but relief for recovery of arrears not claimed - Decree for eviction against tenant can be passed without claiming such a relief - Court is not precluded to determine provisional..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Where a plaintiff omits to sue in respect of, or intentionally relinquishes any portion of his claim, he is debarred afterwards to sue in respect of the portion so omitted or relinquished...........
