Specific Relief Act, 1963, Section 34 -- Suit for declaration - Not maintainable if plaintiff is not in possession of suit land...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration of title and permanent injunction - Plaintiff dispossessed during pendency of suit and after dismissal of his application for interim injunction - Amendment sought to i, corporate relief of possession, as mere suit for declaration not maintainable and hit by S.34 of Specific Relief..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Mere presence of accused in the absence of any specific participation or aid given by accused in the commission of offence, would not fall within the purview of S.34 IPC...........
Punjab Municipal Corporation Act, 1976, Section 2(35), 97(2), 157(1) -- House Tax - Recovery of - Concession agreement - Inter-se relationship between parties and all relative is governed by Concession Agreement and lease deeds - Specific exemption under lease deed regarding payment of taxes - In such circumstances company/appellant is not at all required to pay any..........
Punjab Municipal Corporation Act, 1976, Section 2(35), 97(2), 157(1) -- House Tax - Recovery of - Concession agreement - Specific exemption under lease deed regarding payment of taxes - If house tax was being paid by transport department prior to signing of concession agreement and if it was intended that this burden should be passed on to company/appellant, a clear clause..........
Specific Relief Act, 1963, Section 14, 20 -- Agreement to release rights in u, registered partnership firm by a partner in favour of another partner - Is specifically enforceable...........
Partnership Act, 1932, Section 69(1), Specific Relief Act, 1963, Section 20 -- Suit for specific performance of an agreement to release rights in an unregistered partnership firm by one partner in favour of another partner - Suit is not hit by S.69(1) of Partnership Act, 1932...........
Specific Relief Act, 1963, Section 20 -- Decree for specific performance - Dissolution of partnership firm on account of death of a partner does not affect the rights conferred under the decree to get specific performance of agreement for release of rights in u, registered partnership firm by a partner in favour of another partner...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration of title and permanent injunction - Relief of specific performance sought by way of amendment of plaint - Relief barred by limitation - Moreover, application for amendment was blissfully silent as to why it was not filed before commencement of trial - Amendment rightly declined...........
Specific Relief Act, 1963, Section 38 -- Suit for injunction from interfering in possession of plaintiff over suit property - Subject matter of suit is only possession of plaintiff over suit property, which is duly proved and rather admitted - Plaintiff is not required to prove that suit property fell to his share in family partition - Decretal of suit calls for no..........
