Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 34, Limitation Act, 1963, Article 58 -- Suit for declaration - Limitation - Concurrent findings that cause of action arose in month of December 1994 when plaintiff requested defendant to vacate suit land and that suit filed on 6th May 1995 i.e. within three years was not time barred - Finding of..........
Civil Procedure Code, 1908, Order 41, Rule 22, Specific Relief Act, 1963, Section 34 -- Declaration of title and possession - Decree - Objection to - Defendant's husband had received properties situated in three out of five survey numbers in oral partition - Other heir received properties in three Survey Number - Sold the same - Categorical admission by plaintiff that..........
Agreement to sell -- Suit for specific performance - Relief of specific performance - Grant of relief of specific performance is the discretion of Court which is guided by sound and reasonable principles - Plaintiff not getting any undue advantage, defendant not put to undue hardship which he did not foresee at the time of agreement - Sale price admitted by defendant to be..........
Transfer of Property Act, 1882, Section 58(c), Limitation Act, 1963, Article 54, Specific Relief Act, 1963, Section 10 -- Sale with condition of repurchase - Suit for specific performance by vendor for reconveyance of property - Sale of property for Rs.3, 000 with condition that vendee to reconvey property to vendor if latter repays Rs.5, 000 to vendee within five years..........
Specific Relief Act, 1963, Section 41 -- Contract of personal service - Cannot be specifically enforced - Exceptions to this rule are : where a public servant is sought to be removed from service in contravention of the provision of Article 311 of the Constitution of India; (ii) where a worker is sought to be reinstated on being dismissed under the Industrial Law; and..........
Specific Relief Act, 1963, Section 34, 37, 38, 41 -- Transfer of employee - Employee failing to comply with transfer order - Charge sheet issued - Suit for declaration that transfer order is illegal, void and injunction to restrain defendant from holding any inquiry - No written contract of service between parties and no pleading that transfer order is in violation of any..........
Specific Relief Act, 1963, Section 16 -- Agreement to sell - Readiness and willingness - Pronote in favour of plaintiff executed by defendant - Plaintiff seeks to adjust amount of pronote towards payment of sale consideration - Does not tantamount to readiness and willingness...........
Specific Relief Act, 1963, Section 39 -- Co-sharer - Construction raised by one co-sharer on joint land on an area in his exclusive possession - Held, once a co-sharer is in exclusive possession he has right to enjoy the possession thereof subject to the right of other co-sharers in partition proceedings - There cannot be any decree for mandatory injunction directing that..........
Agreement to sell -- Suit for specific performance - Possession - Executing Court is competent to grant delivery of possession in a case where no such relief is granted by a decree for specific performance of contract for sale...........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Grant of relief suo motu - To undo certain acts done by defendant in violation of injunction order - Relief of mandatory injunction can be granted in absence of a specific plea and relief claimed for that...........
