Agreement to sell -- Suit for specific performance - Relief of specific performance declined and alternative relief of refund of earnest money granted - Interest - Granted at the rate of 9% from the date of receipt of earnest money till payment...........
Agreement to sell -- Suit for specific performance - Grant of alternative relief of earnest money - Interest - Plea that offer was made to return earnest money but the same was not accepted and therefore appellant cannot claim interest - Held, unless the amount was deposited in Court, interest on earnest money is payable...........
Criminal proceedings and civil suit -- Stay of civil suit till decision of criminal case - Civil suit cannot be stayed even if there is possibility of conflicting decisions in the civil and criminal court, as, such an eventuality cannot be taken as a relevant consideration - Secondly written statement is already filed in the civil suit and issues stand framed as such the..........
Stamp Act, 1899, Section 47, 2(16B), Registration Act, 1908, Section 47, 18 - - Assessment of stamp duty - Registering authority - Difference of opinion - Procedure to be followed - Held, where registering authority has any difference of opinion as to assessment on stamp duty of instrument presented for registration on orders of Court, it will only be appropriate that..........
Uttar Pradesh Avas Evam Vikas Parisad Adhiniyam, 1965, Section 88 - - Non-issuance of notice - Maintainability of suit - Raising of - Held, maintainability of suit on ground of non issuance of statutory notice to first defendant prior to institution of suit is a legal ground, which can be raised at any point of time, even in second appeal ...........
Civil Procedure Code, 1908, Section 11, Provincial Small Causes Courts Act, 1887, Section 23 -- Res judicata - Question of title - Finding regarding title to property rendered by Small Causes Court - Res judicata cannot be pleaded as a bar in the subsequent regular suit for the determination or enforcement of any right or interest in the immovable property...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - In order to operate as res judicata, the finding must be such, that it disposes of a matter that is directly and substantially in issue in the former suit, and that the said issue must have been heard and finally decided by the court trying such suit - A matter which is collaterally or incidentally in issue for the..........
Civil Procedure Code, 1908, Section 151 -- Inherent powers - Cannot be used to restrain the execution of a decree at the instance of one who was not a party to suit...........
Civil Procedure Code, 1908, Section 151 -- Inherent powers - Scope - (i) An application U.O.9.R.13 CPC cannot be filed by a person who was not initially a party to the proceedings; (ii) Inherent powers u/s 151 CPC can be exercised by the Court to redress only such a grievance, for which no remedy is provided for under the CPC; (iii) In the event that an order has been..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Defendant in possession - Suit for mere declaration without seeking consequential relief of possession is not maintainable - However, there is no prohibition upon a party from seeking an amendment in the plaint to include the unsought relief, provided that it is saved by limitation - However, it is obligatory..........
