Legal Services Authorities Act, 1987, Section 22(c) -- Permanent Lok Adalat (PLA) - Formulation of questions before proceeding to adjudicate - (i) Whether PLA has jurisdiction on subject matter; (ii) Primary role of PLA is that of conciliation upon failure of parties to reach an agreement, PLA mutates into an adjudicatory body; (iii) PLA should not give an impression to..........
Specific Relief Act, 1963, Section 39 -- Suit for mandatory injunction - Sale of property by attorney - Non payment of sale consideration to the principal - Agreement executed between attorney and principal, outside Court, for return of money - Suit for mandatory injunction to enforce the compromise agreement is maintainable - Court has discretion to grant mandatory..........
Specific Relief Act, 1963, Section 39 -- Suit for mandatory injunction - Sale of property by attorney - Non payment of sale consideration to the principal - Agreement executed between attorney and principal, outside Court, for return of money - Suit for mandatory injunction to enforce the compromise agreement is maintainable - A fresh cause of action accrues from the date..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Injunction suit - Amendment sought to incorporate the relief of mandatory injunction of alternative site for second bridge - One common tender was called for construction of two bridges and one single agreement was signed - Terms and conditions for both the bridges are same - Amendment seeking relief of..........
Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Order 23, Rule 1 -- Bar of subsequent suit - Agreement to sell - Withdrawal of injunction suit and subsequently filing suit for specific performance - Withdrawal of injunction suit by making statement that "I withdraw the present suit. I will file suit for specific performance' - Withdrawal of suit..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Appeal against acquittal - Agreement to sell - Plea by accused that cheques in question were issued under fear and pressure held, believable - As attorney of complainant admitted in his cross examination that complainant made a complaint to police..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Agreement to sell - Plaintiff initially filed a suit for permanent injunction fully aware of the fact that he was also entitled to ask for a suit for specific performance - Subsequent suit for specific performance on the same cause of action, held, barred U.O.2.R.2 CPC - Suit dismissed...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Suit for permanent injunction filed when it was open for plaintiff to file suit for specific performance - At the later stage on the same cause of action plaintiff seeking leave to file a comprehensive suit of specific performance - When main relief should be for seeking specific performance of agreement in question as per..........
Constitution of India, 1950, Article 227, Specific Relief Act, 1963, Section 38, 39 -- Injunction - Refusal - Validity - Dispute pertained to house-cum-shop and there was agreement that father had agreed to sell his share to petitioner and received a specific sum and compromised - Petitioner is running his business and income tax returns in his name have been appended and..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Agreement to sell - Suit for permanent injunction - Subsequent suit for specific performance - Suit for injunction filed because of imminent threat from defendant of dispossession from the suit property - Cause of action to file suit for specific performance arose during pendency of suit for permanent..........
