Civil Procedure Code, 1908, Section 11 -- Res judicata - Infringement of Trade Mark - Issues between parties already stand decided by Judgment of Intellectual Property Appellate Board (IPAB) - Said judgment became final being not challenged by either of defendants - Therefore, by applying the spirit of provision of S.11 Explanation I CPC and accepting the finality of..........
Civil Procedure Code, 1908, Section 115 -- Revision - Maintainability - Recovery suit of Rs.25000 - Plaintiff invoking revision u/s 115 CPC in view of bar u/s 102 CPC to filing of second appeal against any decree, when subject matter of Original suit is for recovery of money not exceeding Rs.25,000 - However, remedy for aggrieved person in view of said bar is to file a..........
Civil Procedure Code, 1908, Order 37, Rule 2 -- Recovery suit - Refund of advance amount - Oral agreement of sale executed between parties - Plaintiff failed to prove the fact that Rs.25,000 was given by him as advance amount for purchasing defendant's property - Plaintiff is even silent about description, details and location of property - Broker through whom the offer..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Defendant in his written statement disclosed host of new facts, which were not pleaded by plaintiff - It was plaintiff who suppressed material facts and not defendant - On the ground of suppression of facts and pleading false facts by defendant, amendment of plaint is not permissible and definitely power..........
Specific Relief Act, 1963, Section 6 -- Suit for recovery of possession - Once plaintiff is able to prove its possession and prime facie proves that its dispossession is not legal or with its consent or in accordance with law the plaintiff is entitled to a decree for possession based upon his possessory title as possession is the ninth point in law and law respects..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant-owners from dispossessing respondent from suit hospital - Respondent is admittedly, running and is in possession of suit hospital for more than 13 years by three agreements - Respondent claims that he is a tenant while defendant-petitioner claim that respondent was a mere..........
Agreement to sell -- Specific performance - Readiness and willingness - Financial capacity of buyer - Mere oral assertion in evidence cannot be solely relied upon by Court to record finding that plaintiff was having sufficient funds available with him on the date of agreement to sell, particularly, when only defence taken in written statement was that plaintiff was not..........
Agreement to sell -- Specific performance - Readiness and willingness - No evidence on record to prove availability of funds with plaintiff - Plaintiff remained completely silent for a period of 2 years 7 months and 15 days - Relief of specific performance not granted to plaintiff - However, plaintiff entitled to relief of refund of earnest money with 6% interest p.a...........
Civil Procedure Code, 1908, Order 7, Rule 11, Specific Relief Act, 1963, Section 38 -- Rejection of plaint - Concealment of relevant facts - Suit for injunction - Plaintiffs made serious concealment regarding possession in plaint - Possession is of great relevance in a suit for injunction - Plaintiff cannot be permitted to make a false statement or conceal true facts from..........
Clean hands -- Plaintiff who has not come to Court with clean hands is not entitled to any relief from the Court...........
