Constitution of India, 1950, Article 245, 246, 254 -- Constitutional validity of an Act can be challenged only on two grounds (i) Lack of legislative competence and (ii) Violation of any of the fundamental rights granted in Part III of the Constitution or of any other constitutional provision. McDowell's case (1996) 3 SCC 709 relied...........
Specific Relief Act, 1963, Section 37, 38, 39, 41(a), 41(b) -- Anti suit injunction - Principles governing - How, when and by whom can be granted - The Court can grant anti suit injunction if satisfied that - (i) Defendant, against whom injunction is sought amenable to personal jurisdiction of the Court, (ii) If injunction is declined ends of justice will be defeated and..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of Plaint - Suit for mandatory injunction - Application u/o 6 R. 17 for converting suit into a suit for recovery - Declined by Trial Court on grounds that proposed amendment would change nature of suit & suit for recovery barred by limitation - Held - (i) Change of nature of suit per se no ground to reject..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Commencement of trial - Trial is deemed to commence when the issues are framed and the case is set down for recording evidence. (2005) 4 SCC 480 relied...........
Registration Act, 1908, Section 2(6), Stamp Act, 1889, Section 47A -- Stamp duty on machinery - HFC invited tender for sale of land, building and machinery - Sold land along with building for an amount of Rs.8, 10, 000/- and machinery for Rs. 6, 10, 000/- - Vendee applied for registration of sale deed for an amount of Rs.8, 10, 000/- - Sub Registrar after registration of..........
Haryana Public Moneys (Recovery of Dues) Act, 1979, Section 3 -- Default in payment of installments of loan taken from H.F.C. - Recovery certificate issued by invoking provisions of Sec 3 of the Act - Financial Corporations cannot invoke provisions of Act for recovery of amount due - Relying on Unique Butyle Industries Case (2003)2 SCC 455 recovery proceedings quashed -..........
Civil Procedure Code, 1908, Section 11 -- Resjudicata - Applies at different stages of same proceedings - Dispute as to LRs of deceased plaintiff decided by Trial Court - Order not challenged attained finality - Raising again the question regarding LRs in Second Appeal or SLP - Barred by principles of resjudicata - Principles of resjudicata applies in different stages of..........
Transfer of Property Act, 1882, Section 106, 116 -- Whether fresh lease deed is required to be executed after expiry of initial period of lease when the lease deed contains a clause for extention of lease at the option of lessee. Held - No. Lalji Tandon's case, AIR 2004 SCC 32 relied...........
Transfer of Property Act, 1882, Section 106, 116 -- Simplicitor extention of lease period - Original lease period expired - Clause in the lease deed for extension of lease - Fresh lease deed not required to be executed, if there is not change in the terms and conditions of the principal lease deed. Lalji Tandon's case, AIR 2004 SCC 32 relied...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise of suit - Nature of decree passed - Rule 3 consists of two parts - First part provides that where it is proved to the satisfaction of Court that a suit has been adjusted wholly or in part by any lawful agreement or compromise in writing and signed by the parties, the Court shall order such agreement or compromise..........
