Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary Injunction - Suit for permanent injunction restraining defendants from raising construction on joint land - Plaintiff concealed factum of family partition between co-sharers - Has not approached the Court with clean hands - Not entitled to equitable relief of injunction...........
Consumer Protection Act, 1986, Section 2(1),(d),2(1),(m) -- Complaint - Maintainability of - Trust - Equitable relief Trust is not included in the definition of the word 'person' - Trust is not legal entity - Cannot be considered to be 'person' which can file a complaint under the Consumer Protection Act - Moreover complaint was filed by Trust without making all the..........
Banking -- Equitable relief - Jurisdiction of Consumer Forum - Trustees are also parties to fraud - Fraud committed by trustees and its authorized representative in connivance with the officers of the Bank - Circumstances proves that Trust was not ignorant about the giving of loan facility on the FDRs by bank - Not a fit case to exercise equitable jurisdiction under the..........
Transfer of Property Act, 1882, Section 58 -- Conditional mortgage - Redemption - It is an equitable right - A mortgagee, who is enjoying the possession of the suit property, is not entitled to defeat that right except in due manner...........
Haryana Panchayati Raj Act, 1994, Section 4, 8, General Clauses Act, 1897, Section 21 -- Election of Gram Panchayat - Wrong declaration of result - Rectification of error/mistake apparent on record - Notice to affected candidate, requirement of - Presiding Officer wrongly read result sheet and declared petitioner elected as Panch - Result notified in Gazette - Mistake..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Delay and laches - Pay parity - Writ petition filed after 17 years - They did not claim parity with the 17 workmen at the earliest possible opportunity - They did not implead themselves as parties even in the reference made by the State before the Industrial Tribunal - Discretionary jurisdiction may not be..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from raising construction - More than four stories already constructed - Plaintiff has slept over his rights - A person who has slept over his rights is not entitled to equitable relief of injunction...........
Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Section , Order 34, Rule 14, 15 -- Loan from bank for purchase of bus - Repayment secured by hypothecating bus and further by equitable mortgage - Suit for recovery - Bank ommitted to suit on equitable mortgage without leave of Court - Subsequent suit to enforce the equitable mortgage - In a suit for..........
Partition -- Co-owners - House - Improvements made in an existing building is not a ground for claiming reservation of the entire house - At best that co-owner can claim only an equitable consideration for the allotment...........
Transfer of Property Act, 1882, Section 52 -- Doctrine of lis pendence - Rest upon an equitable & just foundation that it will be impossible to bring an action or suit to a successful termination if a alienations are permitted to prevail - A transferee pendente lite is bound by the decree just as much as he was a party to suit - Principle of lispendens being a principle of..........
