Contract Act, 1872, Section 11, 23, 73 -- Promise of marriage - Minor daughter - Breach of - Suit for damages - Contract of marriage taking place when daughter was minor but marriage was to be celebrated after minor had attained majority - Since contract of marriage was not entered into by minor but only by her parents as such on breach of promise to marry a suit for..........
Contract Act, 1872, Section 11, 23, 73 -- Contract of marriage - Minor daughter - Father had requisite authority to enter into a contract of marriage on behalf of minor and also can sue for breach of promise to marry...........
Agreement to sell -- Suit for specific performance - Breach of a contract to transfer immovable property must be specifically enforced - Alternative relief of securing compensation in money would not be adequate. (Specific Relief Act, 1963, S.10)...........
Civil Procedure Code, 1908, Order 39, Rule 2-A, 11 -- Interim order - Breach of - Defence struck out and interest of defendant in suit property attached - Order of striking out defence passed though no application made U.O.39.R.11 - Order striking out defence set aside - However order of attaching interest of defendant in suit property not disturbed...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Interim order - Breach of - Interest of defendant in all the suit properties attached - When Court has exercised its discretion in attaching interest of defendant in all the suit properties then defendant cannot be put behind civil prison and can also not be burdened with compensation...........
Indian Penal Code, 1860, Section 409, 468 -- Criminal breach of trust and forgery - Bank employee misappropriating money - No evidence on record that he alone was responsible for such transactions - No evidence that accused destructed or altered the records - Account holders from whose accounts, accused alleged to have mis-appropriated funds not examined - Relevant ledgers..........
Punjab Liquor Licence Rules, 1956, Rule 36(1)(b) -- Liquor shops - Auction - Minimum licence fee - The exercise to fix minimum licence fee has to be 'before the annual auction' - Minimum licence fee announced at the time of auction does not satisfy the requirement of rules - Auction in breach of rules - Auction quashed - Heavy loss to Govt. - It will be open to Govt. to..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Injunction - Order violated - Undue advantage taken by flouting the order of injunction - Court has inherent power to restore status quo ante or to disgorge the ill gotten advantage obtained through breach of Court order...........
Constitution of India, 1950, Article 226 -- Writ petition - Not maintainable where remedy is of breach of contract and more so when factual disputes are involved...........
Constitution of India, 1950, Article 226 -- Writ petition - Not maintainable where remedy is of breach of contract and more so when factual disputes are involved...........
