Civil Procedure Code, 1908, Section 151, 96 -- Correction of decree - Partition suit - Appellate Court corrected share of plaintiff in decree of trial Court - Even if there is no particular prayer for such correction, appellate Court can correct the same, as appeal is merely an extension of original proceedings in suit - Moreover, in case of partition suit, any party could..........
Agreement to sell -- Specific performance - Limitation - Telegram followed by a letter by defendant to plaintiff that agreement to sell has come to an end and that earnest money is forfeited - On receipt of such letter, limitation starts to run - Suit filed by plaintiff is beyond time prescribed i.e. three years. (Limitation Act, 1963, Art.54)...........
Court Fees Act, 1870, Section 7(iv)(c), 7(v) -- Ad valorem Court fees - Suit for declaration, permanent injunction, possession and mesne profit - For each relief plaintiffs are required to value suit and to pay Court fees accordingly - Plaintiffs for relief of possession already paid Court fees 10 times of land revenue - As regarding relief of declaration, since plaintiffs..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendants from closing passage - Suit property is subject matter of revenue records - Revenue records do not show existence of any passage at the place claimed by plaintiffs - Rather, record shows suit property exclusive holding of defendant, part of which might have been sold to other persons -..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Decree for specific performance - Concurrent findings of two Courts below decreeing suit of plaintiff - Findings recorded by both the Courts below are pure finding of fact which are immune from challenge unless such findings are perverse, which is not a case in instant appeal - No interference warranted in said..........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Recovery suit for money - Amount in question paid by plaintiff for becoming member of chit Fund - There is thus, no justification for making payment in cash - Explanation by defendant that cheque given as security is clearly an eye wash - Once cheque is proved and same is dishonoured, burden shifts upon defendant to establish..........
Agreement to sell -- Suit for specific performance - Readiness and willingness - Plea of misrepresentation - Possession received through friend and natural guardian who instituted suit - However, no proof that natural guardian validly constituted power of attorney, hence, no misrepresentation by plaintiff proved on record - Moreover, there is no such unilateral agreement..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 101, West Bengal Premises Tenancy act, 1956, Section 13 -- Eviction order - Execution of - Objection by vendee - Suit property originally leased to partnership firm - Eviction order passed against partnership firm - Vendee purchased business of firm with all its assets and liabilities after eviction order -..........
Evidence Act, 1872, Section 115 -- Estoppel - Petition for divorce, return of her gold ornaments and custody of children withdrawn by wife as she entered into settlement agreement with husband - In settlement agreement wife has not made any representation to the effect that she has relinquished all her claims against husband and she will not file a fresh petition with same..........
Civil Procedure Code, 1908, Order 20, Rule 12A -- Decree for specific performance - Decree passed in a suit for specific performance in terms of O.20.R.12-A CPC is in the nature of preliminary decree - Any terms of decree of such nature, can be subjected to further proceedings in suit itself...........
