Specific Relief Act, 1963, Section 10, 16 -- Specific performance - The very foundation of the jurisdiction to decree specific performance of contract is that award of damages does not afford the aggrieved party a complete remedy and put him in the situation as beneficial as if the contract is specifically enforceable - If damages is an adequate remedy, Specific..........
Himachal Pradesh Land Revenue Act, 1953, Section 171, 163 - - Jurisdiction of Civil Court - Suit for declaration and injunction - Whether decree for declaration can be granted in favour of plaintiff without assailing ejectment order passed u/s 163 of the H.P. Land Revenue Act - Held, Civil Court had no jurisdiction to grant decree in question in favour of plaintiff without..........
Rent and Eviction -- Premises let out by one company to another company - Eviction order passed on ground of bonafide requirement - During pendency of revision petition landlord company merged with another company - Amalgamated company is entitled to the benefit of eviction - Further held, (a) the rights of the landlord are to be determined as on the date of ejectment..........
Hindu Marriage Act, 1955, Section 9, Civil Procedure Code, 1908, Order 21, Rule 33(2) -- Restitution of conjugal rights - Decree of - Court has jurisdiction to pass a direction for periodical payments when J.D. fails to obey the decree within the time limit provided...........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 12, Rule 6 -- Divorce - Both the parties prayed for the same relief of divorce - Court does not get jurisdiction to pass a decree U.O.12.R.6 CPC - Court has to follow mandatory provision of S.23(1)(a) of the Act and record satisfaction which is a condition precedent for passing a decree of divorce...........
Hindu Marriage Act, 1955, Section 13 -- Irretrievable breakdown of marriage - High Court has no jurisdiction to pass decree on that ground - Such order at most could be passed only by the Supreme Court in exercise of jurisdiction under Article 142 of the Constitution of India...........
Haryana Public Premises Act, 1972, Section 10, 15 -- Jurisdiction - Decree passed by civil court - Affirmed in appeal - Objection of jurisdiction not raised before trial court - Held, objection of jurisdiction cannot be raised in second appeal...........
Civil Procedure Code, 1908, Section 9, Punjab Village Common Lands (Regulation) Act, 1961, Section 13 -- Suit for permanent injunction restraining Gram Panchayat from interfering in peaceful possession of plaintiff - Plaintiff in established possession and also constructed a house in the suit property - Title not to be decided in a suit for permanent injunction -..........
Specific Relief Act, 1963, Section 6(2), 6(3) -- Suit for possession and injunction - Main relief in the suit sought by plaintiff was for possession u/s 6 of the Act - Relief of injunction only an ancillary relief - Suit dismissed - Appeal of plaintiff accepted - Defendant in second appeal - Held, appeal for its maintainability must have the clear authority of law - S.6(3)..........
Hindu Marriage Act, 1955, Section 13(1)(i)(b) -- Divorce - Desertion - Decree granted by Court having no territorial jurisdiction - Objection with regard to territorial jurisdiction not taken in trial Court - Objection cannot be taken in appeal for the first time unless prejudice was caused to the aggrieved party...........
