Civil Procedure Code, 1908, Order 18, Rule 2, Contract Act, 1872, Section 73 -- Compensation for breach of contract - Suit for recovery filed - No evidence led by plaintiff - Defendant Corporation led evidence to establish loss suffered on account of delay in lifting damaged stock - No material to show that FCI committed breach - Plantiff to establish his own case - Trial..........
Specific Relief Act, 1963, Section 20, 21 -- Specific performance of agreement - Award of compensation - Scope of - Discretion of Court as to grant of specific performance - Discretion has to be exercised in the judicial and reasonable manner - Should not be arbitrary - Court is not bound to pass such a decree merely because it is lawfull to do so - Vendee ready and..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Conviction u/s 138 Negotiable Instrument Act - Appeal - Show cause notice as to removal from service on account of judgment of conviction - If judgment of conviction is not suspended accused has to forego his employment even while appeal preferred by him against the judgment of..........
Limitation Act, 1963, Article 134, Civil Procedure Code, 1908, Order 21,, Rule 92, 94, 95 -- Sale of property of judgment debtor in execution of decree - Limitation for delivery of possession - Period of limitation of one year to start from date of confirmation of sale and not from issue of sale certificate - Failure on the part of auction purchaser to take possession..........
Service -- Head constable - Dismissal from service - Order passed by Superintendent of Police - Suit for declaration that dismissal order is in violation of service rules - Suit decree by holding that plaintiff having been appointed by Deputy Inspector General of Police and not by Superintendent of Police, dismissal order could by passed by Deputy Inspector General of..........
Civil Procedure Code, 1908, Section 115 -- Pendente lite interest - Trial Court decree granting interest @ 18% p.m. from the date of decree till the realization of the decretal amount - No appeal /cross objections filed by the Decree Holder - Petitioner claiming pendente lite interest for the period matter remained pending before the Trial Court - Not legally maintainable..........
Civil Procedure Code, 1908, Order 39,, Rule 1, 2 -- Injunction - Co-sharer - Family partition - Exclusive possession - Trial Court recording a prima facie finding regarding mutual separate possession and exclusive separate possession of all co-sharers for a long period - Declined the application u/s 39 Rule 1 and 2, restraining defendent/co-sharer from raising construction..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Mortgaged property - Attachment before judgment - Suit for recovery of money based on mortgage - Order of attachment before judgment can be made even in respect of mortgaged property in exceptional circumstances...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issue - Defendent-petitioner contested the suit before trial court taking preliminary objections inter-alia that he has rendered all accounts in respect of money advanced to him - Question of fact, required to be proved by the person who desires the Court to give judgment on it - Trial Court right in..........
Evidence Act, 1872, Section 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114 -- Burden of proving a fact lies on the person who desires court to give judgment as to any legal right or liability dependent on the existance of facts which he has asserted...........
