Civil Procedure Code, 1908, Section 20, Order 7, Rule 11 -- Territorial jurisdiction - Loss of answer books - Suit for damages against University - Suit filed in a Court at place `M' where University is not having any office nor cause of action arising within limits of said Court - Held, return of plaint is proper...........
Civil Procedure Code, 1908, Section 24 -- Transfer of appeal - Influential parties - Allegation made in transfer application against District Judge is utterly baseless - Utterly irresponsible attitude of both parties - Held, it is essential to transfer the case to a district which is farthest from Jhansi even though each and every allegation made against Presiding Officer..........
Transfer of Property Act, 1882, Section 111 -- of the Transfer of Property Act, the right of the tenant to continue in possession of the premises comes to an end, and for any period, he continues to occupy the premises, he is liable to pay damages for use and occupation - Where tenancy is regulated by the provisions of the Transfer of Property Act, once the tenancy comes..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for injunction decreed - Second appeal - Defendants claimed that father of defendant No.1 was allotted patta for residential purposes and over said portion defendants had constructed house and land in dispute was included in said portion - Lower Appellate Court held that chabootaras of defendants was in..........
Malicious Prosecution -- Damages - Merely lodging of an FIR or setting the machinery of law into motion on valid apprehension would not give cause of action to the plaintiff to prosecute the defendants on the ground of malicious prosecution...........
Malicious prosecution -- Damages - Malicious prosecution can be sustained only if: (1) The proceedings must have been instituted or, continued by the defendant; (2) He must have acted without reasonable cause; (3) He must have acted maliciously; (4) In certain classes of cases the proceedings must have been unsuccessful-that is to say, must have terminated in favour of the..........
Malicious prosecution -- Damages - Ingredients required to be proved in an action for malicious prosecution are : (i) Plaintiff faced prosecution at the hands of defendant; (ii) prosecution terminated in favour of plaintiff; (iii) prosecution was malicious and; (iv) it was with reasonable and probable cause...........
Malicious Prosecution -- Damages - Cannot be granted in absence an issue framed as to whether there was any malicious prosecution/false frivolous litigation and in absence of evidence to show that there was any malicious prosecution...........
Agreement to sell -- Specific performance - In addition to the agreement to sell parties further agreed that if sale deed could not be executed vendor would pay the purchaser interest at the usual bank rate for each day's delay and damages - Held, right to claim interest is a separate and independent right under the later part of agreement - It does not in any manner,..........
Agreement to sell -- Specific performance - In addition to the agreement to sell parties further agreed that if sale deed could not be executed vendor would pay the purchaser interest at the usual bank rate for each day's delay and damages - Held, agreement as to payment of interest does not extend the date of performance - The date of performance expressly fixed remains..........
