Agreement to sell -- Specific performance - Three agreements - When more than one agreement to sell are executed between same parties and cause of action to file suit for specific performance is same, plaintiff is entitled to file a single suit for possession by way of specific performance...........
Rent and Eviction -- Dilapidated condition - Landlord failed to prove the same - Evidence of Expert witnesses produced by both sides shows that premises in question is fit for human habitation - Rent Controller dismissed the eviction petition after appreciating evidence on record, which was affirmed by Appellate Court - High Court in its revisional jurisdiction rightly..........
Indian Penal Code, 1860, Section 302 -- Murder - Order framing charge - Dead body of deceased recovered from well - No marks of injury were noticeable on body of deceased - No suspicion cast by any witness examined during inquest proceedings regarding death of deceased - No motive attributed to accused to commit crime - So called extra judicial confession appears to be..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(4) -- Bank loan - Recovery - Writ petition thereagainst - Maintainability - Remedy against action of Bank u/s 13(4) of the Act is available to challenge by aggrieved u/s 17 of SARFAESI Act - Institution of writ petition directly u/art 226 of Constitution is..........
Civil Procedure Code, 1908, Order 23, Rule 3B(2) -- Representative suit - Notice to members of society - Suit instituted by a member of society for realization of money allegedly due from society - Cannot be considered as a representative action for purposes of O.23.R.3-B(2) Explanation (d) CPC, as decree that may be passed in suit/appeal binds members of society not in..........
Service Law -- Seniority list - Merely filing of repeated representations cannot ensure any benefit to petitioner to obtain fresh cause of action, when his earlier challenge to orders has attained finality...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action whether disclosed or not in plaint - Hair-split technicalities should be avoided and intention of plaintiff should be gathered from tenor and terms of pleadings in totality...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - It is essential for defendant to produce plaint filed in previous suit, before raising a plea that subsequent suit is not maintainable on account of bar created U.O.2.R.2 CPC - After examining plaint, Court would be in a position to record a finding that previous suit and subsequent suit is on same..........
Service -- Cause of action arose outside territorial jurisdiction of Kerala High Court - Writ petition in Kerala High Court - Not maintainable - Merely because petitioner was working in Kerala at the time when he filed appeal or that orders were communicated to petitioner while he was working in Kerala or that the petitioner is under an employer who has got office in..........
Limitation Act, 1963, Section 5, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 25 -- Condonation of delay - Delay in payment of amount - Recovery of debt as per settlement reached in Lok Adalat - Parties agreed that if amount not paid within time schedule than bank will be at liberty to recover entire amount due - However, if agreed amount..........
