Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Principles guiding the exercise of power u/s 28 of the Act are : (i) decree for specific performance of a contract is in the nature of a preliminary decree and therefore, till deed is executed pursuant to decree, Court that passed the decree is vested with jurisdiction to either rescind the..........
Doctrine of merger -- Doctrine of merger would only apply in a case when a higher forum entertains an appeal or revision and passes an order on merit and not when appeal or revision is dismissed on the ground of delay in filing the same...........
Civil Procedure Code, 1908, Section 96 -- First appeal - Decree for specific performance - Doctrine of merger - Appeal of JD was dismissed for non-prosecution - There would be no merger of trial Court decree in appellate Court order...........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution - Ex parte decree - Mere filing of appeal or an application U.O.9.R.13 CPC, would not make a JD entitled to stay execution of decree passed in favour of DH...........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitrator - Scope of inquiry at the stage of S.11 of the Act is extremely limited and only pertains to an examination about prima facie existence of an arbitration agreement - Judicial non-interference in arbitration process is sacrosanct principle which guides alternative dispute resolution and Courts..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Findings of fact howsoever erroneous cannot be reopened and disturbed in second appeal which is required to be adjudicated only upon substantial question of law if any arising therein...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Where findings are strictly finding of facts and are not shown to be perverse in any manner and they have not been returned on basis of any inadmissible evidence, it was not open for Second Appellate Court to go into correctness of those findings by reappreciating evidence adduced by parties...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - High Court cannot reappreciate evidence and interfere with finding of facts unless a substantial question of law or a question of law duly formulated is to be decided...........
Damages -- Suit for defamation - Cause of action for defamation is a personal action and is governed by the principle actio personalis moritur cum persona - Cause of action for defamation does not survive after death of the person concerned, since relief claimed is personal in nature and becomes nugatory upon death - Legal position is thus : (i) If plaintiff dies before a..........
Defamation -- Suit for damages - Death of sole defendant after decreetal of suit during pendency of second appeal - Suit for damages already decreed and Court awarded damages to plaintiff - Liability has taken the form of a debt payable out of estate of deceased defendant - Even though original cause of action was personal in nature, proceedings cannot be treated as..........
