Civil Procedure Code, 1908, Order 2, Rule 2 -- Suit for mere injunction without seeking relief of specific performance of agreement of sale is not maintainable unless plaintiff establishes his readiness and willingness to perform his part of the contract - Plaintiff failed to prove payment of balance of sale consideration as per agreement of sale - Suit therefore barred..........
Specific Relief Act, 1963, Section 41(h) -- Agreement of sale - Suit for permanent injunction - Not maintainable when efficacious relief of specific performance of agreement of sale is available...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and injunction - Plaintiff not in possession - Relief of possession not claimed - Suit is not maintainable...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration and injunction - Plaintiff not in possession - Suit for declaration and injunction simplicitor without claiming relief of possession is not maintainable...........
Karnataka Rent Control Act, 1961, Section 29(1), 50 -- Eviction order - Revision against - Held, not maintainable as it was not accompanied by deposit of rent as required by S.29...........
Negotiable Instruments Act, 1881, Section 138 -- Company - Cheque issued by Managing Director - Dishonour of cheque - Complaint against Managing Director without prosecuting Company - Complaint is maintainable...........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Not served upon the drawer within fifteen days of the receipt of information from Bank with regard to dishonour of cheque - Complaint is not maintainable being barred by Sub-section (b) of S.138 of the act...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- `Debt or other liability' - No averment in complaint that the cheque was issued in discharge of any legally enforceable debt or other liability - Provisions of S.138 not attracted and complaint is not maintainable - No averment attracting..........
Hindu Law -- Religious property - Licensee of deity by Shebait - Suit by Shebait without impleading the Deity is maintainable for the eviction of Licensee - Plaintiff acts as Shebait of the Deity in filing the suit...........
Civil Procedure Code, 1908, Section 115, Order 33, Rule 1 -- Permission to sue as indigent person - On wrong interpretation of statute, Court passed order rejecting permission - Order in violation of statue - Revision against such an order is maintainable...........
