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..........
Limitation Act, 1963, Section 14 -- Exclusion of time u/s 14 of the Act - S.14 of the Act does not extend to a case where Court which possesses jurisdiction erroneously declines to entertain proceeding on a mistaken perception or wrong application of legal principles - In such a situation, remedy available to aggrieved party lies elsewhere by way of a challenge before..........
Limitation Act, 1963, Section 14 -- Exclusion of period of pendency of first execution petition - Both the execution petitions were filed in very same Court - DH concedes that Court in which execution petitions were filed had jurisdiction to entertain petition, but that under an erroneous order it returned earlier one - Therefore, one of essential requirements of..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Defendant as per O.8.R.6-A(1) CPC may assert any right or claim against plaintiff before filing of written statement, even if such cause of action is unrelated to plaintiff's suit - Only limitation is that counter-claim must lie within pecuniary jurisdiction of Court...........
Practice and Procedure -- Conversion of one type of proceedings into another - Court has jurisdiction to convert one into other, subject to limitation and Court fees as the case may be - There is no impediment in case a particular kind of proceeding is not maintainable and a different kind of proceeding lies in respect thereof...........
Limitation Act, 1963, Section 21, State Financial Corporation Act, 1951, Section 29 -- Execution - Maintainability - An exercise must be done while deciding the application and a further order is to be passed to that effect immediately and not after the suit is decreed - The records reveal that the application under section 21 was filed only in 2005 - after the decree had..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Filed under different provisions of law - Said provisions when provide concurrent remedies through different mechanisms and if application filed under one provision has already been dismissed by a Court of competent jurisdiction, by applying its judicial mind and held that reasons for delay were not sufficient, a..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of execution petition for filing the same before appropriate forum - Absence of express liberty in the order cannot affect the period of limitation while decree holder specifically made a prayer for withdrawal of execution case for filing before appropriate forum for want of jurisdiction...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Question of law - Courts are vested with powers to go into question of law, touching upon either limitation or jurisdiction, even if no plea is raised and not in cases, where facts have to be pleaded and evidence has to be let in...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Courts below ad idem - Jurisdiction to interfere in findings is limited and such limitation is well expounded...........
