Transfer of Property Act, 1882, Section 53A -- Part performance - Party in possession of property under an agreement of sale has not only a right to defend his possession in an action brought by transferor or any person claiming under him but he can also institute a suit for injunction to protect his possession by invoking doctrine of part performance even though his..........
Arbitration and Conciliation Act, 1996, Section 9 -- Injunction restraining termination of dealership agreement - Failure to prove prima facie case, balance of convenience and irreparable injury - Held, injunction rightly refused...........
Consumer Protection Act, 1986, Section 13(3 -- B) - Maharashtra Ownership of Flat Act, 1963, Section 9 - Maharashtra Ownership of Flat Rules, 1964, Rule 9 Housing - Building - Completion certificate - Conveyance deed - Execution of - Sanction plan - Revision of - Construction activities - Restraint order - Interim order - Vacation of - Revision - District Forum has only..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Suit for specific performance of sale agreement - In plaint, plaintiff referred to some earlier suit which he filed for permanent injunction to put restrain on defendant from dealing with property subject matter of sale agreement - Defendant also filed written statement in that injunction suit -..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Omission to sue for all reliefs - Sale agreement - Simple suit for injunction to restrain defendant from dealing with property subject matter of sale agreement - Plaintiff omitted to claim relief of specific performance, though same was available to him - Held, subsequently plaintiff will not be entitled to sue for relief of..........
Civil Procedure Code, 1908, Order 43, Rule 1(r), Constitution of India, 1950, Article 227 -- Suit for possession by way of specific performance of agreement to sell - Along with suit, application for interim injunction also filed on which parties directed to maintain status quo regarding possession and alienation - Plaintiff petitioner filed applications under order 39..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Arbitration agreement alleged to be the result of fraud - Ad interim injunction restraining defendants from proceeding with the purported arbitration - When fraud is alleged in execution of the agreement containing an arbitration clause then remedy lies in the civil court - No question of rejection..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Agreement to sell - Injunction suit - Specific performance of agreement not sought - Held, injunction can be declined in face of efficacious remedy of suit for specific performance being available - However, subsequent suit for specific performance not barred U.O.2.R.2 of Code...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Section , Order 2, Rule 2 -- Amendment of plaint - Permissibility - Suit for permanent injunction to put restraint on defendant from alienating suit land in face of agreement to sell allegedly executed by defendant in favour of plaintiff - Plaintiff by way of proposed amendment, sought to seek relief..........
Limitation Act, 1963, Article 64, Civil Procedure Code, 1908, Order 6, Rule 7 -- Adverse possession, alternative plea, inconsistent plea - Suit for injunction and fixation of boundary - Defendant claimed title in respect of suit property under oral agreement of sale allegedly executed with predecessor of plaintiff - Held, plea of adverse possession taken by such defendants..........
