Agreement to sell -- Specific performance - Even if all ingredients required for grant of specific performance is made out, even then, it is not necessary for Court to grant a decree of specific performance as it is purely equitable and discretionary in nature...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 5 -- Maintenance to mother - Suppression of rental income by sons - Such a culpable conduct of sons disentitle them to any relief in the equitable jurisdiction under Article 227 of the Constitution...........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - A party is disentitled to invoke equitable jurisdiction u/art 226 of Constitution, where there is suppression of material facts, concealment of full details of litigation, present and future between the parties qua subject matter of dispute, distortion or manipulation of relevant facts, misleading Court by..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - It is a discretionary equitable relief - For laying basis for grant of permanent injunction, a person approaching Court must do so with clean hands disclosing all material facts and if he or she tries to conceal any material fact from Court, then such relief is not to be granted...........
Uttar Pradesh Consolidation of Holdings Act, 1953, Section 9A(2) -- Partition - Decree for partition passed by civil Court when three brothers were alive - Share of one brother `S' who died issueless - Question as to said `S' died before or after other brother `R' was not decided by Civil Court in partition suit and it was raised only before consolidation authorities -..........
Service -- Termination - Cancellation of ST caste certificate - Respondent belongs to OBC category but he obtained a caste certificate showing him to be ST - However, as per clear findings of Caste Scrutiny Committee he does not belong to ST category and his ST caste certificate was cancelled by Committee and same remained unchallenged till date - Consequently, respondent..........
Will -- Due execution - In the matter of appreciating the genuineness of execution of a Will, there is no place for Court to see whether the distribution made by testator was fair and equitable to all of his children - Court does not apply Art.14 to dispositions under a Will...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Court has no power to extend period of limitation on equitable grounds...........
Affidavit -- Filing of a false affidavit disentitles a party of any equitable relief...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Transfer of property pending suit - Defendant no.1 during pendency of suit transferred suit property in favour of defendant nos 2 and 3 and those defendants in turn transferred part of suit property in favour of third persons - Defendants invoking jurisdiction of Court are therefore responsible for..........
