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..........
Rent and Eviction -- Bona fide need - Trial Court had passed a decree for eviction on the basis of evidence on record which was reversed by Appellate Court - It was therefore necessary for High Court to have taken into consideration the entire material available on record including affidavit of defendant which denied bona fide need of plaintiffs - Thus, by failing to do..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - Jurisdiction of a Court while considering bail is confined to assess whether accused should be released pending investigation or trial and to impose conditions to ensure fair investigation or trial and as such it does not extend to adjudicate in civil rights or directing recovery of alleged dues...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - Granted with condition directing sale of immovable property of accused - Jurisdiction of Court while granting bail is not to decide civil rights or disputes or impose conditions which virtually grant the final civil relief which complainant may be urging - Such conditions would be alien to bail provisions...........
Criminal Procedure Code, 1973, Section 482, 156(3), Constitution of India, 1950, Article 226 -- Quashing at threshold - High Court while exercising its inherent jurisdiction must remain circumspect in interfering with an order u/s 156(3) Cr.P.C. and ought to intervene only where it is evident that order lacks any legal foundation, suffers from perversity or that the same..........
Agreement to sell -- Specific performance - Sale deeds executed by defendants in favour of third parties during pendency of litigation are certainly hit by doctrine of lis pendens and are non est - Plaintiffs have got sale deed of suit land executed in their favour by following due process of law on the basis of decree of specific performance granted in their favour by..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Lack of territorial jurisdiction - For considering an application U.O.7.R.10 CPC, Court has to confine itself to pleadings made in plaint...........
Civil Procedure Code, 1908, Section 21, Order 7, Rule 10 -- Return of plaint - Lack of territorial jurisdiction - Neither consent nor waiver can cure defect of inherent lack of jurisdiction and consent of parties cannot operate to confer jurisdiction on a Court which has no competence to try it...........
Civil Procedure Code, 1908, Section 21 -- Territorial jurisdiction - Territorial jurisdiction can always be assumed by Court when such an objection is waived by party on principles laid down in S.21 CPC - Independently of S.21 CPC, defendant may also waive objection as regards a defect in territorial jurisdiction and will be subsequently precluded from taking objection...........
Custody of child -- Claimed by mother - Writ of habeas corpus - Child is in custody of his father - No material on record which shows that custody of child is illegal - There exists no imminent or extraordinary threat perception warranting interference by Court in exercise of writ jurisdiction - Allegations made are yet to be tested before competent forum and cannot be..........
