Specific Relief Act, 1963, Section 6 -- Question of title and the nature of parties possession are irrelevant in a suit filed u/s 6 - Burden of proof of possession and dispossession is on the plaintiff...........
Specific Relief Act, 1963, Section 6 -- Order under this section is not appealable nor open to review - The aggrieved party can further institute a suit on the basis of title, if any...........
Consumer Protection Act, 1986, Section 2(1) -- Deficiency in service - Two minor complainants left the school of their own sometime in March, 1992 and they were issued school leaving certificates on the second of April, 1992 - Prospectus of the school describes the functioning of the school - Para 54 refers to the admissions when the parents are required to submit the form..........
Consumer Protection Act, 1986, Section 21(a), 2(1)(a)(i) -- Defective machines - Expiry of guarantee period - No liability on part of manufacturer and supplier to attend to repairs free of charge - Free service cannot be insisted upon by complainant - Machines purchased in 1983 - If defective from the very beginning the complainant is not entitled to any relief on the..........
Agreement to sell -- Ready and willing - Agreement for sale within six months after eviction of tenant within this period - Tenant not evicted - Refund of advance and demand of return of agreement not made by vendor on expiry of six months - Notice making such claim issued after 3 years - In the meanwhile vendor received advances and made promises - Held, vendee has proved..........
Specific Relief Act, 1963, Section 37, 38 -- Suit for permanent injunction - By father against son seeking prayer restraining the defendant from interfering in possession and from raising any construction - Joint Hindu Family property -Defendant also residing in the house being a co-parcener - Held, as the defendant has a right in the joint family property no-injunction..........
Injunction -- Proof of possession - Mere an act of throwing rubbish or refuse in Bara is a weak evidence of user which cannot take place of evidence of possession - Throwing rubbish, placing dung cakes, tethering cattle, installation of pegs etc. is not a conclusive proof of possession unless an overt act to exclude others from use and possession is established - Any..........
Specific Relief Act, 1963, Section 14(b) -- Plaintiff appointed as Lecturer in College on 5.12.1975 and Management of the Institution terminated her services on 16.11.1976 and appointed appellant in that post - Suit for declaration - Maintainability of suit challenged on ground that contract of personal services could not be enforced - Appointment of plaintiff was..........
Specific Relief Act, 1963, Section 16(c) -- Ready and willing - By readiness may be meant the capacity to perform the contract which includes financial position to pay the purchase price - For determining willingness conduct is to be properly scrutinised - The factum of readiness and willingness to perform the contract is to be judged with reference to the conduct of the..........
Specific Relief Act, 1963, Section 16(c) -- Ready & willing - Difference - By readiness may be meant the capacity of the plaintiff to perform the contract which includes his financial position to pay the purchase price - For determining his willingness to perform his part of the contract, the conduct has to be properly scrutinised...........
