Court Fees Act, 1870, Section 7(i) -- Court fee - Suit for damages on account of defamation, causing physical and mental harassment, agony and malicious prosecution - Principles of evaluation of suits as in simple suits for recovery of liquidated claims will not apply for the purpose of Court fee in a suit for damages - Valuation put by plaintiff has to be tentative and..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Injunction is an equitable relief - He who seeks injunction must come to Court with clean hands - Person approaching Court with unclean hands - Held, this by itself is sufficient ground for not granting relief of injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Joint owners - Petitioner raised construction on a part of the suit land - Held, petitioner has waived her right to assail and question the construction being raised by the respondents...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Co-owners, joint-owners - (i) a co-owner is not entitled to an injunction restraining another co-owner from exceeding his rights in the common property absolutely and simply because he is a co-owner unless any act of the person in possession of the property amounts to ouster prejudicial or adverse..........
Agreement to sell -- Parties intending to execute a formal document - In some cases even if a formal agreement is not later on entered into even then agreement to sell executed, when complete in itself, can be enforced in law - However, where facts and circumstances of the case, as reflected from the document, itself and/or the surrounding circumstances or actions of the..........
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..........
