Specific Relief Act, 1963, Section 20 -- Specific performance - Agreement to sell - Plaintiff and defendant No.1 real brothers allegedly entered into agreement to sell in 1992 - Defendant No.1 sold property in 2004 to defendant No.2 - Suit for specific performance filed after 12 years - Both Courts below examined evidence in detail and came to conclusion that readiness and..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of local commissioner - Demarcation of suit land - Held, since at the time of earlier demarcation defendant was absent, it is necessary to obtain demarcation to prove encroachment of plaintiff's land by defendant by way of reliable evidence - Encroachment of plaintiff's land by defendant can be established only by..........
Trade Marks Act, 1999, Section 135 -- Infringement of trade mark - Suit for injunction - Continuing cause of action - Held, infringement of a registered trade mark gives rise to a continuing cause of action so long as alleged infringement persists - Since this is not the case of defendants that use of impugned packaging has been discontinued by them, it cannot be said..........
Adverse possession -- Plea of - Available as a defence to the defendant - Plaintiff cannot base his claim of ownership by adverse possession...........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21 -- Plaint - Amendment - Suit for specific performance - Amendment to add the relief for compensation in the alternative - Plaintiff already claimed compensation in lieu of specific performance - Dismissal of application - Upheld...........
Agreement to sell -- Suit for specific performance - Ready and willing - Deposit of balance sale consideration in Court - Held, it is not essential for plaintiff to deposit in Court any money except when so directed by Court...........
Agreement to sell -- Suit for specific performance - Ready and willing - Plea that some positive evidence of availability of balance sale consideration should have been given - Not acceptable - It is sufficient when plaintiff states that he was always ready and willing to get the sale deed executed after paying the balance sale consideration and it is more so when 70% of..........
Agreement to sell -- Suit for specific performance - Suit remained pending for 8 years - Prices of immovable property vastly escalated - Plaintiff directed to pay Rs.one lac more...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - According to defendant/appellant, plaintiff himself was licencee hence he could not give the shop on licence to defendant - In actual there is no such restriction - Held, in any case even if there was such prohibition defendant could not get any right therefrom - Only Nagar Nigam which granted the shop on lease to..........
Evidence Act, 1872, Section 115 -- Estoppel - Doctrine of estoppel is applicable only when it is shown that plaintiff fully and consciously knew about actual state of affairs - Doctrine of estoppel cannot be applied where plaintiff is innocent...........
