Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of counter claim - Jurisdiction of civil Court - Relief for possession qua agricultural land would lie before Revenue Court and Civil Court has no jurisdiction qua such relief sought by way of counter claim - Counter claim rejected...........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - No evidence to suggest that petitioner ever received any property from complainant under such a trust - Alleged transaction pertains to sale of land, where complainant's claim is primarily based on alleged breach of a contractual agreement to execute a sale deed - This scenario does not fall within the..........
Civil Procedure Code, 1908, Section 96(3), 96(3), Order 12, Rule 6 -- Judgment on admission - Appeal thereagainst - Defendant in the presence of his Counsel suffered a statement and accepted the claim of plaintiff - Statement of defendant recorded by Court was categoric and clear like crystal - Appeal against such decree not maintainable as per S.96(3) CPC...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issue - Plaintiff never lead evidence in support of claim raised in plaint and rather withdrew suit for possession - Specific issue was framed as to whether plaintiff is owner in possession of suit property as alleged - Said issue was not pressed during course of arguments and was decided in favour of defendants who had..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Defendant filed suit for permanent injunction by way of counter claim - Revenue record does not reflect sale of any portion of land nor does it show that plaintiff was in possession of suit property - Defendants by leading ocular and documentary evidence, proved agreement to sell whereby part of property..........
Constitution of India, 1950, Article 226 -- Writ petition - Money claim - Not an inviolable rule that no money claim can be adjudicated upon in exercise of writ jurisdiction - Non-payment of admitted dues may be considered an arbitrary action on the part of respondents and for claiming the same, a writ petition may lie...........
Specific Relief Act, 1963, Section 12(3) -- Part performance - Relinquishment of claim to further performance of remaining part of contract and all rights to compensation can be made at any stage of litigation...........
Specific Relief Act, 1963, Section 12(3) -- Part performance - Relinquishment could be made at any stage of litigation including the appellate stage - Claim of plaintiff for grant of benefit u/s 12(3) of the Act was, therefore, rightly not rejected by High Court on the simple ground that it was not made at the trial stage and had been made for the first time at the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from obstructing lawful possession of plaintiff - Claim of defendants having any title over property is itself in question in as much as claim for partition was made against husband and father of defendants - Since said partition suit was dismissed for non-prosecution, they..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302, 149 -- Murder - Accused cannot claim acquittal on the ground of faulty investigation done by the prosecuting agency - As the version of eye witnesses in specifically naming the appellants have been consistent throughout the trial - The principle of `falsus in uno, falsus in omnibus' does not..........
