Madras High Court (Original Statement) Rules, 1956, Order 36, Rule 9 -- Letter Patent (Mad), Cl.15 - Grant of leave - Revocation - Defendant seeking revocation of leave granted to plaintiffs on the ground that suit property is situated outside jurisdiction - Maintainability of suit - Admittedly, agreement for sale was executed only within jurisdiction of this Court and..........
Specific Relief Act, 1963, Section 29, 30, 31 -- Recession of contract - An action for recession of a contract and delivering up that contract to be cancelled is an action in personam which can be subject matter of suit for specific performance can be subject matter of arbitration...........
Specific Relief Act, 1963, Section 31 -- Cancellation of document - Cancellation of instrument u/s 31 of the Act is as between parties to action and their privies and not against all persons generally, as instrument that is cancelled is to be delivered to plaintiff in cancellation suit...........
Specific Relief Act, 1963, Section 31, 34 -- Cancellation of document - When cancellation of a deed is sought by executant, such person approach Court u/s 31 of the Act and action under said provision is in personam - But when it comes to cancellation of a deed by non-executant, such person must approach Court u/s 34 of the Act, as such action u/s 34 of the Act would..........
Hindu Marriage Act, 1955, Section 9, Order 23, Rule 1, 4 -- Matrimonial dispute - Cause of action can arises again and again, even if dispute is settled and compromised and case is withdrawn - When a dispute crops up again at any subsequent stage on account of differences between the parties to the matrimony, that would be a separate cause of action, on which party..........
Agreement to sell -- Specific performance - Limitation - If any permission is to be obtained prior to performance/completion of contract, mere fact that defendant has not obtained said permission does not lead to inference that no cause of action for filing the suit for specific performance has arisen...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - For deciding as to whether plaint discloses cause of action or not, Court has to see only the averments in the plaint and accompanying documents relied upon in plaint and facts elicited from plaintiff by examining him U.O.10 CPC - For the purposes of deciding application U.O.7.R.11 CPC, Court has to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo order - Order of status quo cannot be passed when no prima facie case is made out by plaintiff - However, any action/step taken by defendant in respect of suit property will be subject to the outcome of suit pending before trial Court...........
National Green Tribunal Act, 2010, Section 18(1), 14(2), (3), 15(1)(a), 17(1), 29, National Highways Act, 1956, Section 4, 5, 16 -- Compensation - Debris and part of hill collapsed and slid down to road, taking lives of mother and daughter - Direction of NGT to pay compensation towards death, and damages towards restitution - Absence of legal representatives or heirs of..........
Civil Procedure Code, 1908, Order 7, Rule 11(d), Limitation Act, 1963, Article 59 -- Rejection of plaint - Barred by limitation - Suit for cancellation of sale deed for non payment of entire sale consideration - Plaintiff not taking recourse to legal action for over a period of 5-1/2 years for payment of balance sale consideration, reflects that institution of suit is an..........
