Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and injunction - Plaintiffs claim that suit land was given to her as her share by way of family arrangement - Family arrange believed - Partition also believed - Same was possible and reasonable view - No perversity in finding so as to warrant interference in second..........
Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 34, Limitation Act, 1963, Article 58 -- Suit for declaration - Limitation - Concurrent findings that cause of action arose in month of December 1994 when plaintiff requested defendant to vacate suit land and that suit filed on 6th May 1995 i.e. within three years was not time barred - Finding of..........
Arbitration and Conciliation Act, 1996, Section 6(1), 8, 16, Interest on Delayed payments to Small Scale and Ancillary Industrial Undertakings Act, 1993, Section 6 -- Claim petition filed before Council - Council issued notice to respondent - Respondent filed civil suit for declaration that claim petition of appellant is ultra vires provisions of the Act - Civil Court..........
Civil Procedure Code, 1908, Section 144 -- Appeal - During pendency of appeal decree executed - Appeal cannot be dismissed on this ground - Appellate Court has power to allow appeal and dismiss the suit - In such an event, appellants are entitled to invoke the provision of S.144 CPC and request the Court for restitution...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for damages - By amendment claim for damages sought to be enhanced - Suit filed in the year 1993 and amendment sought in the year 1998 - Single Judge allowed amendment - Order set aside in appeal - Held, discretion exercised by High Court in rejecting application was in conformity with law...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment as party - Suit for perpetual injunction - Petitioner claiming interest in property by virtue of sale transfer pendente lite - Petitioners had not chosen to come on record during pendency of suit or even subsequent to filing of appeal - After sufficient lapse of time application for impleadment was filed -..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Joint possession - In appeal additional evidence sought to be produced - Plaintiff seeking to produce excerpts of revenue record to prove ancestral nature of property - Document collecting excerpts of revenue record was not even tendered by plaintiff in evidence during trial in suit - No plausible..........
Civil Procedure Code, 1908, Section 129, Order 1, Rule 10, Madras High Court (Original Statement) Rules, 1956, Order 42, Rule 11 -- Necessary party - Admiralty suit - Sale of vessel - Order of Court directing Advocate Commissioner to deposit balance sale amount in Court after disbursing expenditure - Appeal against - Competent - Purchaser of vessel - Not necessary party...........
Payment of Wages Act, 1936, Section 22,15 -- Jurisdictional bar of civil court - Suit for recovery of arrears of wages for the period of illegal suspension and non payment of wages - Both the courts below finding the suit being without jurisdiction - Still entering into the merits of the case and there after deciding that the suit and appeal both are not maintainable -..........
Civil Procedure Code, 1908, Section 100 -- New plea in appeal - When can be allowed - Title of property - Not in dispute - No Plea - Denial also not there - Issue not framed - Title of plaintiffs over suit plot also admitted by defendants in written statement - Plea by defendant that plaintiffs had admitted that they were owner and in possession of only some portion of..........
