Specific Relief Act, 1963, Section 37, 38, 39 -- Injunction - No party can claim relief of injunction as a matter of right and Court has discretion to refuse grant of an injunction in suitable cases...........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Encroachment - Conduct of plaintiff not fair and he resorted to falsehood - Discretionary relief of mandatory injunction rightly declined even when demarcation report proved encroachment by defendant...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Issues - Omission to frame issues - Suit for specific performance - Suit was dismissed for lack of title in favour of defendant - No issues or points for determination were framed for the same - Plaintiff at no point was given an opportunity to lead evidence on the same - In the absence of any issues and especially in the..........
Arbitration and Conciliation Act, 1996, Section 11, 7 -- Appointment of arbitrator - Arbitration agreement - Arbitration clause contained in Tender documents could not be said to have been incorporated in LOI to evince existence of an arbitration agreement between parties on its conjoint reading with Tender documents - There is no mention of any arbitration or dispute..........
Agreement to sell -- Specific performance - Ready and willing - When allegation in application submitted to Sub-Registrar that plaintiff has come prepared with necessary funds is not sufficiently denied, submission that no proof of possessing such finance was produced is not material...........
Agreement to sell -- Specific performance - Ready and willing - Application submitted to Sub-Registrar that plaintiff has come prepared with necessary funds - Application with stamp of office of Sub Registrar is duly proved by evidence of PW1 - Mere fact that plaintiff has not proved signatures of Sub-Registrar is not sufficient to belie said document when submission of..........
Agreement to sell -- Specific performance - Sale deeds executed by defendants in favour of third parties during pendency of litigation are certainly hit by doctrine of lis pendens and are non est - Plaintiffs have got sale deed of suit land executed in their favour by following due process of law on the basis of decree of specific performance granted in their favour by..........
Specific Relief Act, 1963, Section 31 -- Cancellation of document - If any right is transferred vide a written document, revocation of such document also has to be in writing and such revocation/cancellation ought to be brought to the notice of the party in whose favour right was sought to be transferred...........
Contract -- Blacklisting - Show Cause notice - It is necessary for department to issue a specific notice proposing blacklisting of a contractor and call for an explanation as to why an order of blacklisting should not be passed in view of its serious consequences...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Impleadment of subsequent transferee and amendment of plaint - Suit for specific performance - During pendency of suit gift deed executed by defendant in favour of his son and mutation entries made in favour of transferee - Transferee deserves to be impleaded as a party and plaint..........
