Specific Relief Act, 1963, Section 34 -- Suit for declaration of title and possession - Mere fact that defendant had effected mutation over suit property is not a ground to deny the relief to plaintiff, particularly when mutation was effected without prior notice to plaintiff...........
Damages -- Suit for defamation - Cause of action for defamation is a personal action and is governed by the principle actio personalis moritur cum persona - Cause of action for defamation does not survive after death of the person concerned, since relief claimed is personal in nature and becomes nugatory upon death - Legal position is thus : (i) If plaintiff dies before a..........
Defamation -- Suit for damages - Death of sole defendant after decreetal of suit during pendency of second appeal - Suit for damages already decreed and Court awarded damages to plaintiff - Liability has taken the form of a debt payable out of estate of deceased defendant - Even though original cause of action was personal in nature, proceedings cannot be treated as..........
Defamation -- Suit for damages - Alleged defamation is based on a complaint given by defendant to competent authority accusing the plaintiff, who is an Advocate of misconduct - Complaint was enquired into and was ultimately closed on the ground that documents were available in Court records - Mere fact that complaint was closed does not by itself, show that complaint was..........
Defamation -- Suit for damages - Doctrine of qualified privilege - Litigant who approaches a judicial or quasi-judicial authority with a complaint against an Advocate cannot in the absence of malice be made liable for defamation merely because complaint was ultimately not accepted, particularly when complaint was made only to competent authority and cannot be regarded as..........
Defamation -- Suit for damages - Doctrine of qualified privilege - When a person makes a complaint in good faith to proper authority for redressal of a grievance, such communication is protected under doctrine of qualified privilege...........
Defamation -- Suit for damages - Doctrine of qualified privilege - In a civil defamation case, it is not necessary to prove intention or malice - Where communication is protected by qualified privilege, absence or presence of malice becomes decisive and plaintiff has to prove express malice...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Lack of territorial jurisdiction - `At any stage of suit' means even after trial has begun and concluded, but before the judgment is delivered...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Agricultural land - Maintainability of suit before civil Court - Primarily relief prayed for in suit is cancellation of sale deed and declaration is a secondary relief - Plaintiffs have come up with a plea that they are recorded khatedars of land in question - They definitely did not require any..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration and permanent injunction filed by maternal uncle of petitioner against his mother, brothers and sisters including maternal grandmother and mother of petitioner - Petitioner failed to establish her rights in the property registered in the name of her maternal grand mother -..........
