Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Termination of licence - Suit for mandatory injunction lies with the only rider that suit is filed without any delay - If after termination of licence suit is not filed within three years then plaintiff has to file suit for recovery of possession...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 372, 378(4) -- Dishonour of cheque - Appeal against acquittal - Complainant in a case u/s 138 of N.I. Act is not entitled to file an appeal against acquittal according to provision of S.372 Cr.P.C rather he may prefer an appeal before High Court invoking provision of S.378(4) Cr.P.C...........
Commercial Courts Act, 2016, Section 12A -- Leave to file suit - Without exhausting remedy of pre-institution meditation - Plaintiff has filed the suit alongwith an application for grant of urgent relief - Court satisfied that application filed by plaintiff for grant of urgent relief is required to be heard urgently - Leave to file suit granted to plaintiff without..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Plaintiffs have an absolute right to withdraw/abandon their suit as a whole or in part at any time after institution of suit and defendants at the most may claim some cost only but cannot oppose the prayer of plaintiffs for withdrawal/abandonment of their suit without seeking any liberty to file afresh..........
Transfer of Property Act, 1882, Section 58, 60, Limitation Act, 1963, Article 61 -- Usufructuary mortgage - Redemption - Limitation - Bar of limitation of 30 years for redeeming a mortgage would not be applicable in case of Usufructuary mortgage - Usufructuary mortgagee therefore, not entitled to file suit for declaration claiming ownership of mortgage property on expiry..........
Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Withdrawal of suit without permission to file fresh suit - Subsequent suit filed on different cause of action - Subsequent suit not barred either U.O.23.R.1(4) or O.2.R.2 CPC even though earlier suit related to same property and between the same parties...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Permitted to file at the stage of defendant's evidence - Defendants were proceeded against ex parte twice over - No satisfactory reason assigned by defendants for delay in filing written statement - Only ground mentioned by trial Court while allowing application for filing written statement, is setting..........
Kerala Registration of Marriages (Common) Rules, 2008, Rule 13 -- Correction/cancellation of marriage registration certificate - Third person who is not a party to marriage cannot file an application for correction or cancellation of entries in Register of marriages - Parties to marriage i.e only husband and wife has authority to file application u/r 13 of Rules...........
Arbitration and Conciliation Act, 1996, Section 31(7) -- Arbitral award - Interest pendente lite - Work contract as awarded to respondent completed on 30.8.1977 - However, respondent did not take any steps till 25.6.1989 for a period of 12 years to raise his claim - Very conduct of respondent for remaining silent for such a long period would disentitle him for interest..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - By balancing the operations of rules of procedure, in the peculiar facts and circumstances of the instant case, rejoinder allowed to remain on record and at the same time contesting defendants allowed to file their further pleadings in the form of sur-rejoinder, which shall remain confined to any such fact, if at..........
