Agreement to sell -- Specific performance - Clause in agreement as to payment of double the amount of earnest money in case of failure to execute sale deed by vendor - Held, only because such a clause exists, suit for specific performance of contract cannot be said to be not maintainable...........
Agreement to sell -- Specific performance - Plea of cancellation of agreement - Said plea is not substantiated as no such plea was raised by defendant in her reply to the legal notice sent by plaintiff for execution of sale deed - Even otherwise, defendant has not challenged the judgment passed by appellate Court allowing alternative relief of recovery of advance amount,..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Breach of injunction order - Injunction order passed by Appellate Court - Petition U.O.39.R.2-A CPC is maintainable in Appellate Court and not in trial/lower Court...........
Family Courts Act, 1984, Section 7, Civil Procedure Code, 1908, Section 37 -- Jurisdiction of Family Court - Execution proceedings - Family Court has no jurisdiction to execute decree as expression `suit' or `proceeding' used in S.7 of Family Courts Act does not include execution proceeding - Bar contained in S.8 of Family Court Act therefore, not applicable - Execution..........
Civil Procedure Code, 1908, Section 96, Order 1, Rule 10 -- Appeal by co-owner for eviction on ground of bona fide requirement - Other non willing co-owners impleaded as proforma defendants in suit not impleaded as party in appeal - Held, co-owners are necessary party - Appeal is not maintainable...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Vicarious liability - Offence by partnership firm - Prosecution launched against only one of the partners of partnership firm, without joining partnership firm - Complaint is not maintainable - Process issued against accused quashed and set aside...........
Consumer Protection Act, 1986, Section 12 -- Complaint - Dismissal in default or non prosecution - Second complaint - Held, second complaint is maintainable...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 16 -- Appeal - Lies only at the instance of senior citizen, if aggrieved against the order passed by Tribunal - Appeal preferred by son and daughter in law of senior citizens is not maintainable under the provisions of the act...........
Criminal Procedure Code, 1973, Section 156(3) -- Order directing police to investigate the case - Revision - Maintainability - Petitioners being a prospective accused, has no right to challenge the said order by way of revision - Revision, held, not maintainable...........
Criminal Procedure Code, 1973, Section 311, 397(2) -- Order passed u/s 311 Cr.P.C. - It is an interlocutory order - Revision against such interlocutory order is not maintainable...........
