Civil Procedure Code, 1908, Section 54 -- Partition - Pendente lite transferees - Appellants can raise appropriate claim before Collector in execution of decree transmitted u/s 54 CPC being representative of interest of his vendor and claim the right under JD, as he would be representing JD, decree can be enforced against him - However, he can definitely seek equitable..........
Agreement to sell -- Specific performance - Ready and willing - Onus to establish readiness and willingness is on buyer and failure to establish the same disentitles buyer from equitable and discretionary relief of specific performance...........
Service -- Termination - Writ petition - High Court set aside order of termination on the ground of not providing due opportunity to delinquent - However, delinquent was guilty of suppression of factum of securing new employment with FCI - Respondent was disentitled to equitable relief from High Court in exercise of powers u/art 226 of Constitution - Order of termination..........
Evidence Act, 1872, Section 101 -- Burden of proof - Recovery suit - Agricultural loan - Execution of relevant documents before plaintiff bank and also availing of loan amount and creation of equitable mortgage is not at all disputed by defendant - However, defendant in his defence stated that he deposited certain part payment but bank has not given any receipt to that..........
Specific Relief Act, 1963, Section 37, 38, 41(j) -- Suit for injunction - When plaintiff has no personal interest in the subject matter, he is not entitled to seek equitable relief of injunction...........
Agreement to sell -- Specific performance - Long unexplained delay in not taking any reasonable steps by buyer and silence on the part of buyer in this regard while in witness box is itself sufficient to disentitle him to an equitable relief of specific performance...........
Agreement to sell -- Specific performance - Date fixed for execution of sale deed was one year from the date of measurement of suit schedule property - However, no such measurement was carried out and plaintiff has not raised any objection in this regard till he got issued legal notice i.e almost for a period of 3 years - Suit came to be filed only at the fag end of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(3) -- Dishonour of cheque - Appeal against acquittal - Leave to appeal - Grant of leave to prosecute should not be as a matter of routine, but should be on just and equitable basis, when materials reveal that Court below has not appreciated the materials in proper perspective...........
Specific Relief Act, 1963, Section 41(h) -- Suit for mandatory injunction - Plaintiff had ample opportunity to file suit for specific performance but failed to do so - Duty is cast on plaintiff to show and satisfy Court that suit as brought by him is properly constituted and maintainable in law - Courts below rightly held that suit for mandatory injunction is not..........
Specific Relief Act, 1963, Section 41(h) -- Suit for mandatory injunction - Plaintiff had ample opportunity to file suit for specific performance but failed to do so - Duty is cast on plaintiff to show and satisfy Court that suit as brought by him is properly constituted and maintainable in law - Courts below rightly held that suit for mandatory injunction is not..........
