Transfer of Property Act, Section 41, 5 -- Section 41 not applicable to agreement of sale - Applies only to transfer of property - Party to agreement of sale (where sale not completed) - Cannot take advantage of provisions of Section 41...........
Civil Procedure Code, 1908, Order 2, Rule 3 -- Misjoinder of causes of action - Two dishonoured cheques issued by one party - One suit filed - In view of provision of O.2.R.3 permitting plaintiff to unite in one suit several causes of action against the same defendant(s), suit cannot be said to be bad for misjoinder of causes of action...........
Contract Act, 1872, Section 126 -- Guarantor - No guarantee deed executed - Party introduced as customer to certain businessman - Does not mean that party so introducing was guarantor for party so introduced...........
Civil Procedure Code, 1908, Order 23, Rule 3-A -- Compromise in partition suit - Son of one of the parties to compromise filed suit to set aside compromise decree on ground that compromise was not lawful - Locus standi - Compromise decree cannot be reopened at instance of a person who was not party to compromise - His suit, held, not maintainable...........
Transfer of Property Act, 1882, Section 10 -- Sale - Restrictions - Restriction imposed on alienation to the extent that first the offer has to be made to the vendor and on his refusal or inability to purchase the same at the market value, the vendee will be at liberty to sell the same to third party - Held, such a restriction is a partial restriction with regard to..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Against third parties - Cannot be ordered against the third party - Attachment before judgment can be ordered against the defendant only on certain conditions being satisfied - There is no procedure prescribed in impleading the additional parties in the applications when they were not added as..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for perpetual injunction to restrain Electricity Board from disconnecting power supply for non-payment of amount demanded in bill which is alleged to be illegal and unenforceable - Amendment of paint sought seeking additional relief of declaration that demand for payment of amount is illegal and..........
Evidence Act, 1872, Section 45 -- Comparison of signatures by an expert - Application rejected on the ground that Court itself is competent to verify signatures and that handwriting expert is not needed - Rejection of application on such ground amounts to denying party his right to lead evidence - Order of Court is liable to be set aside in revision. (Civil Procedure Code,..........
Natural Justice -- Speaking order - Requirement of recording reasons and communication thereof - Has to be complied with by every quasi - judicial authority - Argument that requirement of passing a speaking order should be treated as fulfilled if reasons available on the file - Rejected by Supreme Court in Pragdas Umar Vaiahya's case Civil Appeal 657 of 1967 decided on..........
Punjab Land Revenue Act, Section 16, 13 -- Order remanding case - Does not affect any party - Does not mean that cases should be remanded unnecessarily which leads to prolongation of litigation...........