Civil Procedure Code, 1908, Order 23, Rule 1, 3 -- Permission to withdraw suit - Second Appeal - Rights in property claimed on the basis of natural succession - Defendants claimed property on the basis of will - Suit dismissed - Second Appeal - Application by Plaintiff/Appellant to withdraw suit with a permission to file fresh on same cause of action raising the plea that..........
Courier services -- Deficiency in service - Compensation - Enhancement - Seeking of - Consignment of 15 applications forms - Non-delivery and damage of the consignment sent through Indian Airlines not informed by OP and the complainant lost an opportunity to write the examination and accordingly lost one academic year - Clause 5 of the agreement provide for automatic risk..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Bank guarantee - Invocation and encashment - Bank guarantee has to be honoured in accordance with its terms - Exceptions to this rule are when there is a clear fraud on the part of beneficiary of which bank has notice - Secondly there are special equities in favour of grant of injunction - Appeal..........
Specific Relief Act, 1963, Section 37, 38, Civil Procedure Code, 1908, Order 7, Rule 7 -- Subsequent events - Moulding of relief - Suit for permanent injunction restraining defendants from demolishing chubaches and filling up the well - Trial Court found that defendants demolished chubaches and filled up the well after filing of suit - Dismissed suit for want of amendment..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Complaint dismissed on lack of proper authorisation to file complaint - Finding given that it was a legally enforceable debt - Appeal against - Accused is entitled to assail finding in absence of any appeal or revision filed by him - Finding as to legally enforceable debt upheld - Finding on..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10, Transfer of Property Act, 1882, Section 52 -- Purchaser lis pendence without leave of the Court - Not a bonafide purchaser - Has no locus standi to file an application for setting aside the order and to become a party in the appeal as by that time, not only the appeal was..........
East Punjab Utilisation of Lands Act, 1949, Section 3(1), 7 -- Delivery of possession on termination of lease - Banjar & uncultivable land - Collector took over the possession u/s 3(1) from the owners -Leased out for a period of 20 years - Application u/s 7 of the Act by owners of land for restoration of possession - Allowed by Collector - Appeal by lessees dismissed by..........
Civil Procedure Code, 1908, Order 23, Rule 1, 3 -- Compromise - Setting aside of - Appeal withdrawn on the basis of statement of parties - Application seeking recalling of the withdrawal order on the ground that compromise between parties not lawful - No written compromise created or presented before Court to record a compromise and pass a decree - Court simpliciter..........
Specific Relief Act, 1963, Section 20 -- Plea of Hardship - Agreement to sell - Sole Residential House - Recital in agreement that vendor in need of money on account of marriage of daughter - Suit for specific performance - Decreed - Second appeal - Plea of hardship raised - Denial of specific performance of agreement sought - Hardship sought to be inferred from recital in..........
Punjab Land Reforms Act, 1972, Section 18, Punjab Tenancy Act, 1887, Section 82(1) -- Proviso (a) & (d) - Review - Order passed by Collector declaring no surplus area - State filed by appeal before Commissioner - During pendency of appeal Collector filed reference to Commissioner for review of order passed by Collector - Appeal dismissed in default - Reference accepted -..........
