Agreement to sell -- Suit for specific performance - Plea of limitation - Once there was an endorsement dated 23.09.1997 to the effect that defendant would intimate decision of pending case to plaintiff, thereafter, within one year from the date of intimation, plaintiff would get sale deed executed, limitation cannot be reckoned from 23.09.1997 - First appellate Court..........
Civil Procedure Code, 1908, Section 24, Succession Act, 1925, Section 372, 218, 278 -- Transfer of petition - Transfer of petition sought to Court where a petition seeking letters of administration in respect of same assets was pending - Assets involved is identical in both the petitions and parties are also broadly the same - In order to avoid conflicting judgments and..........
Civil suit -- FIR on the basis of same matter which was involved in civil suit - FIR registered on the basis of sole opinion of handwriting expert in the civil suit that receipts are forged - Genuineness of such receipts pending consideration in civil suit - Based on the sole opinion of handwriting expert, FIR ought not to have been registered - Held, when issue as to..........
Supreme Court Rules, 2013, Order 6, Rule 2 -- Reference - No fetter on exercise of discretion of Supreme Court in referring questions of law to a larger bench pending review petitions...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction - NRI landlord - Mere fact that proceedings u/s 13-B of the Act have remained pending for quite sometime, that itself cannot be a reason to deny opportunity of hearing to tenant...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - To stay execution proceedings, pre-condition is that there must be a suit pending before same Court filed by J.D. against D.H. - When two Court are different from each other then execution Court is right in denying to grant stay of execution petition proceedings before it...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte ad interim injunction - Longer date - If longer date is fixed for disposal of an application for injunction, it frustrate the main object of it - Purpose of incorporating provision for temporary injunction is not only to protect and preserve the status of the property, but also to protect the rights pending final..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Amendment sough for adding relief of declaration as well as for adding pedigree of parties - Suit is pending since 1996 - Plaintiff failed to show before revisional Court or even before trial Court that he had no knowledge of pedigree of parties at the time of institution..........
Criminal Procedure Code, 1973, Section 145 -- Proceedings u/s 145 Cr.P.C - Dispute between parties is basically of civil nature regarding which litigation is pending between them before civil Court - Complainant has not been able to bring this dispute within four corners of S.145 Cr.P.C - He could have sought his remedy in civil Court instead of getting proceedings u/s 145..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Status quo - Co-sharers - Suit for separate possession - Suit for partition pending in between parties - It would be appropriate and in the interest of justice to ensure that parties continue with this position till final partition takes place and none of them is allowed to raise any sort of..........
