Civil Procedure Code, 1908, Section 11 -- Res judicata - Decision of issue of title in a suit for damages - It will operate as res judicata in a subsequent suit for recovery of possession on the basis of title...........
Civil Procedure Code, 1908, Section 11 -- Expln.VIII - Merely because only damages were agitated in the earlier suit or that a second appeal is barred, that Court cannot be termed as a Court of limited jurisdiction...........
Insurance claim -- Driving licence - Compensation - Repudiation of claim on the ground that the driver of the vehicle on the date of accident was not having effective driving licence - Findings of the Forum that the transport vehicle licence in favour of the said driver was issued for the first time in August 1994 and it was renewed from time to time - There was an..........
Specific Relief Act, Section 21, 20 -- Alternative relief of damages - Agreement clause that vendee entitled to earnest money besides specified amount as penalty - Does not detract the plaintiff not to sue for possession by way of specific performance...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Considerations which ought to weigh with the Court (i) Extent of damages being an adequate remedy; (ii) Protect the plaintiff's interest for violation of his rights though however having regard to the injury that may be suffered by the defendants by reason therefor; (iii) The court while dealing with..........
Consumer Protection Act, 1986, Section 2(g), Motor Vehicles Act, 1988, Section 146, 196 -- Purchase of car by availing loan from Bank - Obtained insurance policy for one year - Handed over to bank cheques of monthly instalments alongwith two cheques towards insurance premium for succeeding two years - Insurance for subsequent years not taken - Car met with accident..........
Consumer Protection Act, 1986, Section 14, 17, Civil Procedure Code, 1908, Section 34 -- Deficiency in service - Interest - Provisions of S.34 CPC are not specifically made applicable to proceedings under Consumer Protection Act - The general provision of S.34 CPC being based upon justice, equity and good conscious authorise the Redressal Forums and Commissions to grant..........
Registration Act, Section 77 -- Stage indicated in Section 77 reached and no other relief except a direction for registration of document asked for - Exclusive remedy under Section 77 - In other cases Section 77 has no application - Party seeking not merely registration of a sale deed but also recovery of possession and mesne profits or damages - Section 77 not applicable..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Agreement to sell - Pursuant to agreement to sell vendee put into possession - Restraining interference in cultivating possession - No legal right vests in the plaintiff qua the property in dispute - No irreparable loss or injury is to be caused to the plaintiff if interim stay is not granted -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 14 -- Interim injunction - Principles for grant of interim injunction are prima facie case, balance of convenience and irreparable injury if injunction is not granted - If the plaintiff can adequately be compensated for the loss caused to him by way of damages in the event of success of..........
