Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Provision of S.10 of the Code is mandatory - The purpose is to avoid the possibility of contradictory verdicts by two courts in respect of the same relief and is aimed to protect the defendant from multiplicity of proceedings...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Entire subject matter of two suits must be the same - This provision is not applicable when few of the matters in issue are common and will apply only when the entire subject matter in controversy is same...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Issues - Suit for specific performance - Plea that agreement was cancelled by subsequent oral agreement - Held, plea though covered by issue qua enforceability of agreement but it is not sufficient - Separate issue as to whether agreement was cancelled by a subsequent oral agreement of sale, ordered to be framed with onus..........
Agreement to sell -- Specific performance - Ready and willing - Subsequent sale - When defendant owner subsequently sold the property to subsequent purchasers, the only issue which could be adjudicated in the suit would be whether the subsequent purchasers were the bona fide purchasers for value without notice or not - After the conveyance, the question of readiness and..........
Agreement to sell -- Specific performance - Subsequent sale of property - Only consideration in the suit is whether subsequent purchasers were bona fide purchasers for value without notice or not - After conveyance question of readiness and willingness of vendee is not relevant - Subsequent purchasers failed to discharge their burden to prove that they are bona fide..........
Evidence Act, 1872, Section 90 -- Provision of S.90 of the Act does away with the strict rules as regards requirement of proof by giving rise to presumption of genuineness, in respect of certain documents that have reached a certain age - The period is to be reckoned backward from the date of the offering of the document and not by any subsequent date i.e. the date of..........
Civil Procedure Code, 1908, Section 102, Order 41, Rule 23, Land Acquisition Act, 1894, Section 4, 6 -- Remand of case - Acquisition proceedings - Propriety of - Prayer only for permanent injunction - No challenge to acquisition proceedings - Specific assertion coupled with materials in written statement about acquisition of land long ago and subsequent events, suit of any..........
Specific Relief Act, 1963, Section 16(c) -- Ready and willing - No straitjacket formula can be laid down and the test of readiness and willingness of the plaintiff would depend on his overall conduct i.e. prior and subsequent to the filing of the suit which has also to be viewed in the light of the conduct of the defendant...........
Agreement to sell -- Specific performance - Subsequent purchaser - Plaintiff filed every document to establish his case whereas the best piece of evidence which could have been produced by the defendant to demolish the claim of plaintiff not brought on record - Subsequent purchaser failed to prove that he is bona fide purchaser for consideration without notice and..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Permissibility - First appellate Court dismissed amendment application on the ground that plaintiffs got knowledge about the relevant facts long prior to filing of suit and they cannot seek amendment now - Challenge thereto - Held, by virtue of taking place of subsequent events, necessary amendment can be..........
