Defamation -- Reply to notice by defendant containing defamatory matter - Drafting of the reply notice was prepared at the instructions of the defendant at Advocate's office in the presence of some other persons coupled with the fact that the written portion was got typed elsewhere - Amounts to publication - Held, defendant is liable for damages...........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 7(2) -- Damages - Can be claimed for a period of 30 years prior to initiation of proceedings under Section 7 - Not correct that damages cannot be claimed for a period beyond 3 years...........
Agreement to sell -- Suit for specific performance - Alternative prayer for liquidated damages/compensation - An alternative prayer by a plaintiff in a suit cannot be construed as a waiver or abandonment of the main relief - Alternative prayer is a relief which is claimed only if the party is found to be not entitled to the main relief...........
Agreement to sell -- Suit for specific performance - Alternative prayer for liquidated damages/compensation - No fault can be attributed to the plaintiff - Plaintiff was always ready and willing to perform his part of the contract and had gone to the Court complex with money on the appointed days - No averments of fraud pleaded - No allegation that plaintiff had breached..........
Specific Relief Act, 1963, Section 20 -- Alternative relief of damages - Cannot be construed as a waiver or abandonment of main relief of specific performance - A lawful agreement being proved and judicial conscience of Court being satisfied - Equity demands enforcement of agreement rather than granting alternative relief of damages...........
Civil Procedure Code, 1908, Section 20 -- Territorial jurisdiction - Suit for damages for non performance of the contract - Work was to be performed within District `R' - Contract papers were signed at `K' - Contract giving exclusive jurisdiction only to Bombay Court - No part of cause of action arising within jurisdiction of Bombay Court - Parties by agreement cannot..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for prohibitory injunction restraining the defendants from realising a sum of Rs.13, 944.75 paise - No relief for declaration of damages claimed - Realisation of quantified and determined sum can be adequately compensated in terms of money - Temporary injunction not available...........
Electrocution -- Snapping of live wire in heavy rain and cyclone - Death due to contact with a live wire - Negligence - Damages - The deceased was an able-bodied person and was of 25 years at the time of death - His daily income at present would have been Rs.30/-, i.e. the minimum wages of an unskilled labour and his contribution for maintenance of the plaintiffs per month..........
Specific Relief Act, 1963, Section 21 -- Where a valid and binding contract in existence between the parties - Defendant required to fulfil his part of contract - Unless there is fault on the part of the plaintiff - Specific performance of agreement cannot be denied to plaintiff on the ground of payment of damages to him...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for possession - Amendment of plaint sought seeking alternative relief claiming the amount of damages against the land in dispute - Held, amendment is permissible even if the alternative relief has been claimed after the expiry of the period of limitation...........
