Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for injunction - Condition precedent for invoking provision of O.21.R.32 CPC is that Court should give a specific finding that J.D. had an opportunity to comply with the decree and despite such opportunity, he wilfully disobeyed the same...........
Precedent -- Judgment - Obiter dicta and ratio decidendi - It is not everything said by a judge when giving judgment that constitutes a precedent - Only thing in a judge's decision binding as a legal precedent is principle upon which case is decided and for this reason, it is important to analyze a decision and isolate from it obiter dicta...........
Civil Procedure Code, 1908, Order 7, Rule 11, Court Fees Act, 1870, Section 7 -- Rejection of plaint - Court fee - Main relief sought for declaration of possession and permanent injunction - Alternative prayer for recovery of money - In case alternative relief is to be granted then as a condition precedent plaintiff has to be given an opportunity to affix ad valorem Court..........
Constitution of India, 1950, Article 136 -- Dismissal of Special Leave Petition in limine - Does not amount to affirmation of view taken by High Court - Unless judgment of High Court is affirmed at least, with short reasoning, same would not amount to binding precedent...........
Agreement to sell -- Specific performance - Limitation - Registered sale deed was to be executed on or before 10.2.1992 and condition of getting land demarcated was not the condition precedent for execution of sale deed - After execution of agreement, first notice was issued on behalf of plaintiffs in the year 2006 whereas suit has been instituted in 2012 - Suit filed..........
Agreement to sell -- Specific performance - Readiness and willingness - Continuous readiness and willingness on the part of plaintiff from the date the balance sale consideration was payable in terms of agreement to sell, till decision of suit, is a condition precedent for grant of relief of specific performance...........
Precedent -- A judgment is a precedent for issue of law that is raised and decided...........
Land Acquisition Act, 1894, Section 5A -- Acquisition of land - Landowners cannot claim rehabilitation as a condition precedent for either dispossessing them from acquired land or for upholding validity of acquisition proceedings neither can Court pass such directions given legislative scheme of the Act...........
Rent and Eviction -- Mesne profits - Determination - Basis of determination of amount of mesne profit depends on facts and circumstances of each case considering place where property is situated i.e village or city or metropolitan city, location, nature of premises i.e commercial or residential area and rate of rent precedent on which premises can be let out are guiding..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Non payment of part of sale price - Validity of sale deed - Payment of entire consideration was a condition precedent for transfer of proprietary rights in the suit property - This fact is clearly discernible from the recitals in Clause No.10 & 13 of sale deed - Execution of sale deed and its registration has not..........
