Agreement to sell -- Consensus ad idem - Exists only if there is clarity in the agreement viz. clarity in reciprocal promise viz. clarity in offer and acceptance. (Contract Act, 1872, S.13)..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Partition suit - Every co-sharer is deemed to be in possession of every inch of joint land - Plaintiff, being a co-sharer is in possession of suit property, thus not required to affix ad-valorem Court fees according to value of suit property - No defect in valuation of suit -..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Ad-interim injunction - Reliefs U.O.39.R.1 CPC are equitable and discretionary - Such discretion can only be exercised by Court when person has come to Court with clean hands and has not suppressed material facts and makes out a prima facie case...........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Ad-interim injunction - Discretion of Court - A person who violates the order of status quo, cannot be granted any relief by exercising discretionary power of Court...........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Ad-interim injunction - Plaintiff expanded unauthorized construction on the suit property in violation of status quo order - Photographs produced by Municipal Corporation regarding unauthorized construction proved on record - Plaintiff is not entitled to equitable relief, as such relief can only be granted if party comes to..........
Court Fees Act, 1870, Section 7(vi), Suits Valuation Act, 1887, Section 3 -- Court fee - Suit seeking relief of pre-emption - Plaintiffs are required to value the relief at 20 times the land revenue - Order directing payment of ad valorem Court fee in respect of reliefs claimed in suit is not proper...........
Court Fees Act, 1870, Section 7(iv)(c) -- Ad valorem Court fee - Suit for declaration that sale deed is null and void and has no binding effect upon rights of plaintiff - It does not amount to cancellation of sale deed - Moreover plaintiff not party to sale deed - Plaintiffs cannot be directed to pay ad valorem Court fee...........
Civil Procedure Code, 1908, Section 9A(2), 9A(1) -- Ad-interim relief - During consideration of preliminary issue - During pendency of notice of motion before High Court, ad-interim relief sought cannot be granted...........
Constitution of India, 1950, Article 309, 320(4), Orissa Ministerial Service (Method of Recruitment and Conditions of Service of Lower Division Assistants in the Offices of Departments of Secretariat) Rules, 1951, Rule 3 -- Recruitment for OPSC - Appointment of respondent made on ad-hoc basis due to inadequate number of reserved candidates - Challenge - Amended R.3 of..........
Agreement to sell -- Specific performance - Oral contract - Oral contract is valid, binding and enforceable - Decree for specific performance can be granted on the basis of oral contract - However, heavy burden lies on plaintiff to prove that there was consensus ad idem between parties for concluded agreement for sale of immovable property...........
