Civil Procedure Code, 1908, Section 80(2) -- Leave u/s 80(2) CPC - Merits of the case or its maintainability or jurisdiction of Court not required to be considered at this stage - All that is required to be considered is whether the suit is one to obtain an emergent relief...........
Specific Relief Act, 1963, Section 34, Succession Act, 1925, Section 213 -- Suit for declaration of title on the basis of Will - Suit is not maintainable unless the probate or letters of administration of the Will is obtained...........
Civil Procedure Code, 1908, Section 148, 151, Order 21, Rule 12-A, Specific Relief Act, 1963, Section 28 -- Extension of time for deposit of balance sale consideration - Suit for possession by way of specific performance of agreement decreed on deposit of balance sale price within stipulated period - Balance price not deposited within stipulated period - Application for..........
Civil Procedure Code, 1908, Section 148, 151, Order 21, Rule 12-A, Specific Relief Act, 1963, Section 28 -- Extension of time for deposit of balance sale consideration - Suit for possession by way of specific performance of agreement decreed on deposit of balance price within stipulated period - Balance price not deposited within fixed period - Application for extension of..........
Specific Relief Act, 1963, Section 39 -- Security amount and advance instalment - Recovery of - Suit for recovery and not suit for mandatory injunction is maintainable...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Services of employee terminated and he was asked to vacate quarter which was allotted to him by virtue of employment - Suit for injunction that he be not dispossessed forcibly - Plaintiff not seeking any remedy against termination order - Main ground for claiming relief is that defendants are violating..........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Co-sharer - Injunction suit by one co-sharer against other co-sharer- Plaintiff/co-sharer himself raised construction on part of property in his possession - Plaintiff cannot agitate that raising of construction by other co-sharer would amount to wasting or illegal use of property - Injunction declined...........
Agreement to sell -- Specific performance - Ordinary rule is that specific performance should be granted - It ought to be denied only when equitable consideration point to its refusal and the circumstances show that damages would constitute an adequate relief...........
Haryana Municipal Act, 1973, Section 2(22B) -- Amendment of S.2(22-B) - Mere amendment of S.2(22-B) does not clothe Municipal Council with any proprietary title over shamlat deh for which relief of injunction has been granted...........
Civil Procedure Code, 1908, Section 47 -- Execution - Executing Court is bound by the decree already granted and it cannot extend or vary the extent of operation of relief of injunction...........
