Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Willful disobedience of order of Supreme Court - Eviction decree - Tenant/contemnor vacated suit property before time specified in order which contempt is alleged - Non-filing of undertaking within two weeks as directed per se cannot be basis to initiate contempt action against tenant, as undertaking was..........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Suit to set aside compromise decree is not maintainable - However, compromise decree can be questioned on an application under proviso to Rule 3 of Order 23 CPC before the Court...........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Challenge by stranger - Compromise decree cannot be challenged by stranger to proceedings in a separate suit, in view of specific bar U.O.23.R.3-A CPC...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for permanent injunction relating to environment - Jurisdiction of civil Court barred u/s 29 of NGT Act - Once suit was barred by law, civil Court could not have proceeded with suit and at the best parties could have been relegated before NGT, special forum created under NGT Act - Civil Court has..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Where averments regarding title are mentioned in plaint, but if matter involves complicated question of fact and law relating to title, Court will relegate parties to remedy of a comprehensive suit for declaration of title, instead of deciding issue in a suit for mere injunction. (2008(2) Apex Court Judgments..........
Hindu Minority and Guardianship Act, 1956, Section 6 -- Custody of minor child - Petition by mother - Child was in custody of his paternal grandmother/appellant no.3 - Appellants were residing in Hyderabad - Since the child at the relevant time was also in Hyderabad, issue with regard to custody of child, cause of action also arose in Hyderabad - Concerned Family Court at..........
Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947, Section 13, Civil Procedure Code, 1908, Order 2, Rule 2 -- Eviction - Ground of default in payment of rent - Institution of second suit after dismissal of first suit for eviction - Bar as to - Tenant admitting rent dues to owner and later rent accumulated pending first suit - Default in payment of rent dues..........
Rajasthan Premises (Control of Rent and Eviction) Act, 1950, Section 14(3) -- Rent & Eviction - Premises when let out for commercial or business purpose - Suit does not lie against a tenant on the round of reasonable and bonafide requirement of landlord before expiry of five years from the date the premises were let out to tenant for commercial or business purposes...........
Transfer of Property Act, 1882, Section 60, Trusts Act, 1882, Section 90 -- Mortgage - Redemption - Mirashi Tenant-mortgagor - Inam land - Suit land resumed to Government under Abolition Act - Mortgagee applied for regrant though he was not a permanent Mirashi tenant and regrant was made in his favour - Failure on part of mortgagor to pay occupancy price and seek a regrant..........
Revenue entries -- Partition suit - Entries in revenue records do not amount to severance of status - It is for parties to establish by credible evidence that there was an equitable partition...........
