Clean hands -- Temporary injunction - Relief of temporary injunction is a discretionary relief and a party who does not come with clean hands is not entitled to equitable discretionary relief...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - No evidence on record which even prima facie shows that plaintiff has any right, title or interest in property in question - More so, plaintiff concealed material factum of dismissal of earlier application of temporary injunction from Court - Relief of temporary injunction is discretionary relief and..........
Agreement to sell -- Specific performance - Grant of relief of specific performance is discretionary and equitable relief which can be granted considering (a) existence of valid and concluded contract; (b) readiness and willingness of plaintiff and as to whether plaintiff is still ready and willing to perform his part of contract; (c) whether plaintiff performed his part..........
Agreement to sell -- Specific performance - Grant of relief of specific performance is discretionary and equitable relief - To avail relief of specific performance, parties need to plead and prove all statutory requirements prescribed under provisions of act and Forms 47/48 of Appendix A to C of CPC - It is only then Court is entitled to exercise its discretion to grant or..........
Partition -- Settlement between parties - Tehsildar accordingly forwarded report and made an equitable distribution of property by demarcating it in metes and bounds - Appeal disposed of in terms of report submitted by Tehsildar and same shall form part of the decree...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Compensation - No amount of compensation can compensate loss suffered by parents due to death of their young son - However, in any case, this itself cannot be a criteria to award compensation but Courts are duty bound to award just and equitable compensation to claimants...........
Civil Procedure Code, 1908, Section 152, Order 6, Rule 17 -- Decree passed - Wrong Khasra numbers mentioned - Amendment of plaint and correction in judgment and decree - If plaint involved some omission, the same can be rectified just to advance the real spirit of the lis between the parties on all equitable legal considerations - Order allowing amendment of plaint and..........
Agreement to sell -- Specific performance - Plaintiff failed to prove passing off consideration under sale agreement, he is thus, not entitled to equitable relief of specific performance...........
Agreement to sell -- Specific performance - Compensation in terms of money - Legality of order - Agreement for land entered into for meager consideration, cannot be said to be valid consideration - More so, defendant is a farmer and disputed land is the only source of his livelihood, thus, equitable and discretionary relief of specific performance cannot be granted -..........
Service -- Special (duty) allowance - CRPF personnel posted in North-Eastern region - Two categories of employees as per Government Order of 1987 i.e : (i) Personnel whose headquarters are within North-Eastern region, and (ii) whose headquarters are outside North Eastern Region - Clearly indicates that classification is not founded on any intelligible differentia -..........
