Civil Procedure Code, 1908, Section 11 -- Res judicata - Doctrine of res judicata or constructive res judicata predominantly is a principle of equity, good conscious and justice - It would neither be equitable nor fair nor in accordance with the principles of justice that the issue concluded earlier ought to be permitted to be raised later in a different proceeding...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - An equitable relief - Plaintiff must come to Court with clean hands - Plaintiff cannot normally be permitted to seek the aid of Court to protect his unlawful possession for seeking injunction against the true owner...........
Housing -- Scheme for allotment of land - Unreasonable delay in accomplishment - Return of money deposited by applicants - Brochure issued by authority not stipulating payment of interest - Interest on equitable rounds can be awarded - Rate of interest awarded in equity should neither be too high nor too low - Interest at rate of 12% would meet ends of justice...........
Agreement to sell -- Suit for specific performance - Grant of decree of specific performance - Grant of a decree for specific performance of contract is not automatic and is one of discretion of the Court and the Court has to consider whether it will be fair, just and equitable. Court is guided by principle of justice, equity and good consensus- Court should meticulously..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Possession - Must be lawful to seek protection from Court by way of equitable relief...........
Clean hands -- Plaintiff filing different proceedings in different Courts within a short time making inconsistent allegations - It shows that plaintiff has been abusing the process of Court and has not come to Court with clean hands - Held, plaintiff is not entitled to get any equitable relief under the Specific Relief Act...........
Agreement to sell -- Suit for specific performance - Rise of price of property during pendency of suit - Not a ground to deny equitable relief of specific performance (Specific Relief Act, 1963, S.20)..........
Agreement to sell -- Suit for specific performance - Joint family property - Alienation by Karta - Death of Karta - Finding of legal necessity arrived at in his favour - Alienation was for benefit of joint family - Members of family filing several litigations in collusion with other members to frustrate sale agreement - Vendee already paying substantial amount and entering..........
Equity -- Where law is clear, no equitable relief is warranted - Equity comes into operation where the area is not covered by the statutory provisions...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Restraining defendant from alienating and/or making construction beyond his share and particularly on any specific portion of the house without getting it partitioned - House alleged to be joint property of the parties as per Will - Defendant alleging to be in possession of a specific portion on basis of an earlier Will in..........
