Easement Act, 1882, Section 59 -- License - Not binding on grantor's transferee - Where licensor transfers property to third party/plaintiff, license granted in favour of licensee/defendant with regard to that property, ceases to exist and there is no relationship of licensor and licensee between plaintiff and defendant as grantor's transferee is not bound by license...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendants from parking vehicles in the street - Plaintiff having access to his house from the street in question and also from the road on the other side - Even after parking of car, space is still left on a side through which movement is possible - No other resident of locality has come forward..........
Suit for possession -- Earlier suit of plaintiff for permanent prohibitory injunction was dismissed reserving right to plaintiff to recover possession in accordance with law as defendants found to be unauthorized possession - Plaintiff thus, filed a suit for possession - Defendant did not file any counterclaim or initiate any proceedings against plaintiff - Subject matter..........
Evidence Act, 1872, Section 90 -- Sale deed - Executed in the year 1965 - Objections as to fraud and misrepresentation - Plaintiff neither pleaded nor proved as to how consideration of sale deed was paid - No evidence as to who was the deed writer of sale deed or before whom the document executed - Sale deed executed between father of plaintiff or defendant no.1, but no..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Suit for mere declaration that plaintiff is entitled for certain amount of compensation, damages, solatium and interest without seeking relief of recovery of such amount from defendant, is not maintainable...........
Limitation Act, 1963, Section 3 -- Limitation - Where a suit is barred for all purposes, mere fact that plaintiff choose to serve notice u/s 80 CPC would not gave a cause of action or renewal of cause of action which already stood barred by limitation under the provisions of Act...........
Civil Procedure Code, 1908, Order 23, Rule 1(3)(b) -- Withdrawal of suit with liberty to file fresh suit on same cause of action - Permissibility - Where there is material concealment of facts which were in the knowledge of plaintiff and after defendant exposes the same in written statement and counter claim, plaintiff cannot set at knot the entire process, that has to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to convert a suit for permanent injunction to a suit for specific performance - Amendment sought at an early stage and before commencement of proceedings - Amendment will curtail multiplicity of proceedings between parties - No serious prejudice will be caused to defendant on account of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to convert a suit for permanent injunction to a suit for specific performance - Amendment sought at an early stage and before commencement of proceedings - Amendment will curtail multiplicity of proceedings between parties - No serious prejudice will be caused to defendant on account of..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Simple suit for declaration without claiming alternative relief of injunction, if plaintiff is in possession, or of possession, when plaintiff is out of possession, is not maintainable...........
