Punjab Village Common Lands (Regulation) Act, Section 7 -- Second application/repeated applications for ejectment-Gram Panchayat cannot be permitted to keep the lis alive for times immemorial by mere articulating the petition and thus frustrate the very principle not only imbibed in the principles of res judicata, equitable res judicata estoppel, even otherwise recognised..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Suit for injunction - Amendment of plaint seeking relief of damages in lieu of or in addition to injunction - Such alternative relief not specifically claimed, can be permitted to be claimed at any stage of proceedings - Bar of limitation not attracted - Amendment allowed...........
Agreement to sell -- Rs.40, 000/- out of total consideration Rs.45, 000/- paid at the time of agreement - Appellant used the amount of Rs.40, 000/- for about 15 years - Though it is within the discretion of the Court to order specific performance or to order re-payment of consideration received, but in such a case payment of money will not be an adequate relief - Order of..........
Specific Relief Act, 1963, Section 20 -- Specific performance - To grant decree for specific performance is in the discretion of the Court but the discretion should not be refused arbitrarily - The discretion should be exercised on sound principles of law capable of correction by an appellate Court - The claimant must come to Court with clean hands - Respondent bona fide..........
Equitable relief -- Party seeking equitable relief must come to the Court with clean hands - Party who makes a false allegation does not come with clean hands and is not entitled to the equitable relief...........
Specific Relief Act, 1963, Section 20 -- Discretion of Court - To be exercised not arbitrarily but on sound and reasonable basis guided by judicial principles...........
Specific Relief Act, 1963, Section 37, 38, 41(a), (b), (h) -- Public property - Grant of injunction - Possession of public property by an individual or group of individuals is no possession in the eye of law - Such person cannot claim any right on the public property on the basis of his unlawful occupation - In addition to other ingredients for grant of injunction Court..........
Civil Procedure Code, 1908, Order 7, Rule 7, Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Relief - Pleadings regarding relief claimed must be precise - If claim is for interest applicable to commercial transactions, same must be specified citing grounds for claim - Where relief of interest claimed is mentioned only as `interest' Court can grant interest at only normal..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for accounting - Averments made for declaration of damages and relief also claimed - Damages subsequently quantified and claimed by way of amendment - Nothing new added - Amendment necessary for determining real issues in controversy - Undue delay - No prejudice caused- Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit filed for mandatory injunction - Amendment sought seeking relief of declaration also - Amendment can be allowed at any stage of proceedings even if it is barred by limitation if it is not based on new cause of action, if it does not cause prejudice to the other side and if it is necessary for..........
