Specific Relief Act, 1963, Section 41(a) -- Injunction to restrain prosecuting proceedings pending in a Foreign Court - Court has no jurisdiction to grant injunction restraining a person from instituting any proceeding in a Court not subordinate to that from which injunction is sought - Foreign Court cannot be treated as a Court subordinate to the Court at place `G' -..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for specific performance - Loan transaction between parties - Agreement for sale in question was executed as a security towards full and final settlement of loan transaction - There was no transaction for agreement of sale in respect of two properties of defendant no.1 - Plaintiff fraudulently refused to..........
Specific Relief Act, 1963, Section 22 -- Suit for specific performance - Neither boundaries nor extent of property agreed to be conveyed can be altered by resort to S.22 of the Act...........
Specific Relief Act, 1963, Section 26 -- Rectification - Mutual mistake can creep in only when the agreement in written form does not expressly state the meeting of minds of contracting party...........
Specific Relief Act, 1963, Section 26 -- Rectification of decree - By incorporating boundaries and extent of property agreed to be conveyed - Where property is not described with reference to boundaries at all in suit agreement and only extent is specified, there is no scope for any ambiguity in the identification of property covered by agreement for it to be followed up..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Suit by father against son and daughter-i, law to vacate the property which is his self acquired property - Appellant has no right to live in self acquired property of plaintiff - Suit rightly decreed...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Illicit relationship of wife - Accusation against wife were specific giving all details about the person with whom she was involved and that efforts made by husband to find a peaceful solution to such problem - Husband could not succeed because of no, responding attitude of wife - Even..........
Specific Relief Act, 1963, Section 36, 38 -- Injunction - Person who has no legal rights to stay in suit premises, is not entitled to discretionary relief of injunction because grant of relief of injunction is a discretionary relief as per Ss.36, 38 of the Act - Moreover, no injunction shall be granted to a trespasser...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Appeal against acquittal - Leave to appeal - No specific allegation against accused for inflicting any injury to deceased - Even eye witnesses not levelled any allegation against accused - Prosecution thus failed to prove its case against accused - No case is made out against accused - Accused rightly acquitted -..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction - Civil suit for possession/ejectment - Rent Act made applicable during pendency of suit - Right of parties stand crystallised on the date of institution of suit and therefore law applicable on the date of filing of suit continues to apply until suit is disposed of or adjudicated - If during pendency of suit, Rent Act..........
