Clean hands -- Suppression of material facts - Non disclosure of filing of suit and its dismissal and also dismissal of appeal - Appellants have to be non suited on the ground of suppression of material facts - They have not come to Court with clean hands and they have also abused the process of law - They are not entitled for the extraordinary, equitable and..........
Clean hands -- Writ petition - Exercising of writ jurisdiction is extraordinary, equitable and discretionary - It is imperative that person approaching writ court must come with clean hands and put forward all facts before Court without concealing or suppressing anything - Non disclosing of filing of Civil Suit, its dismissal by Civil Court and confirmation of said..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad-interim injunction - Necessary ingredients for grant of ad-interim injunction are not found by Courts below especially with regard to balance of convenience being in favour of defendant/counter claimant - Loss if any which may be suffered by defendant can certainly be calculated in terms of money - Discretionary..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Co-owners - Co-owners were in settled separate possession of joint property by mutual understanding - Their separate possession of joint property was with each other's consent - Plaintiff/co-sharer had already raised construction over a portion of joint land in his exclusive possession - He thus, cannot..........
Agreement to sell -- Specific performance - It is an equitable relief - Once it is proved that plaintiff himself is guilty of delay and laches, then that itself is sufficient to disentitle him from the equitable relief...........
Insolvency and Bankruptcy Code, 2016, Section 30(4), 61 -- Submission of resolution plan - Appeal by dissenting financial creditor - Proposal for payment to all secured financial creditors is equitable and proposal to appellant is at par with percentage of payment proposed for other secured financial creditors - No case of denial of fair and equitable treatment or..........
Arbitration and Conciliation Act, 1996, Section 31(7)(a), 34 -- Interest on delayed payment - Specific term of agreement entered into by and between parties provided for payment of interest on delayed payment as per terms of contract - However, rate of interest was not specifically agreed upon - Blank space in `appendix to bid' cannot be construed as cancellation of clause..........
Agreement to sell -- Specific performance - Readiness and willingness - No averment made in pleadings as to readiness and willingness of plaintiff - Plaintiff disentitled to seek equitable relief of specific performance - Suit dismissed...........
Constitution of India, 1950, Article 226 -- Extension of time under one time settlement - Jurisdiction of Courts - If settlement policies of banks itself provide for extension subject to payment of interest, there is no reason to hold that the Courts in exercise of equitable jurisdiction u/art.226 of Constitution cannot extend such time period of settlement...........
Revenue entries -- Partition suit - Entries in revenue records do not amount to severance of status - It is for parties to establish by credible evidence that there was an equitable partition...........
