Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Disputed land given on lease by defendant to plaintiff - As per lease conditions lease can be terminated after giving notice but no such notice was given - Defendant built two walls thus causing difficulty to the business of plaintiff, for which he had no right - Trial Court ordered to remove the obstruction -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Change of loan amount - Reason stated to be typographical mistake - Amount mentioned in demand notice, complaint, affidavit of evidence, same - Loan amount cannot undergo a change because the same forms very basis of compliant - This would change the very nature and character of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 70 -- Dishonour of cheque - Non-bailable warrant of arrest issued against accused - Notice to complainant - Matters of issue of bailable warrant and representation of accused is between accused and Court - Complainant need not be heard - Moreover, in order to avoid delay in disposal of..........
Civil Procedure Code, 1908, Order 7, Rule 11, Carriers by Road Act, 2007, Section 16 -- Rejection of counter claim - Counter claim against common carrier in respect of claims for damages for the loss of reputation, business opportunity etc. - Such claims are not in connection with damage or loss to the consignment - S.16 of the Act of 2007 does not come into play -..........
Carriers by Road Act, 2007, Section 16 -- Claim of damages against common carrier - Notice to carrier prior to institution of suit - Prior notice is not mandatory when claim is in respect of damages to reputation, business opportunity and not in respect of loss or damage to any consignment...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Impleadment of State as party represented by Deputy Collector - Notice u/s 80 CPC was not issued before filing of suit - During pendency of suit, provision of S.80 CPC cannot be complied with - Application rightly dismissed...........
Civil Procedure Code, 1908, Section 24, Hindu Marriage Act, 1955, Section 9 -- Transfer of petition filed u/s 9 of Hindu Marriage Act - Distance between place of residence of wife and place of proceedings u/s 9 of Hindu Marriage Act is about 140 kms, one side - Issuance of notice to husband has consequences of staying further proceedings before trial Court, otherwise wife..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17 -- Ex parte decree - Setting aside - Refusal to accept summons - In such scenario, it is incumbent upon process server to affix the notice as provided U.O.5.R.17 CPC and in absence of such affixture it has to be presumed that they were not served at all - If affixture is not made by..........
Agreement to sell -- Specific performance - Plaintiff proved that he paid Rs.1,50,000 towards part sale consideration and executed the agreement and also paid a further sum of Rs.65,000 - However, defendants did not demarcate the suit property in terms of agreement of sale - Case of plaintiff was corroborated by PW2, who was present at the time of execution of agreement -..........
Agreement to sell -- Specific performance - Readiness and willingness - Time limit of six months is stipulated for demarcation of suit property before execution of sale deed by defendants - Burden was on defendants to perform the same - Plaintiff got issued a notice acknowledging the fact that time was essence of contract - There was no reply from defendants - Plaintiff..........
