Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Application not signed by all the parties - Compromise could not have been recorded - Withdrawal of the application - Plaintiff would certainly be entitled to explain the circumstances under which the alleged compromise was arrived at...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Tenant - Petitioner shown as tenant in cultivating possession of the land since long - Mere fact that land was shown vacant for three crops in between does not mean that tenant is no more in possession - Petitioner in continuous cultivating possession from 1992 to 1996 subsequent to the period land..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Revenue record, evaluation of entries-Temporary injunction in a suit for permanent injunction restraining defendants from interfering with actual physical possession of plaintiff-Defendants in reply claimed to be in actual physical possession as tenants, earlier their father was tenant of plaintiff and after his death,..........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 16(c) -- Amendment of plaint - Ready and willing sought to he incorporated in plaint in a suit for specific performance - Plaintiff, on lifting of ban on sale of land, starting sending words to defendant for execution of sale deed - Defendant evading execution - Same indicates that plaintiff..........
Agreement to sell -- Suit for specific performance - Time when essence of the contract - Time limit specified in the agreement would have relevance and cannot be ignored with impunity - Agreement provided six months period for completing sale - Plaintiff sitting quiet for 2-1/2 years without taking any steps to perform his part of contract - Delay was coupled with..........
Pronote -- Defendant admitted that in a printed promissory note he has signed over the stamps and delivered the blank promissory note to the plaintiff - Liability cannot be denied - S.20 Negotiable Instruments Act gives an authority to the holder of inchoate stamped and signed instrument to fill up the blanks and to negotiable the instrument - The instrument may be wholly..........
Haryana Municipal Act, 1973, Section 208,209,181 -- Plaintiff neither able to prove to be owner of site nor that construction raised after obtaining proper sanction from Municipal Committee - Not entitled to relief - Incumbent on plaintiff to prove allegation in regard to ownership of site in dispute beside the plea that notice served is illegal - To show that notice is..........
Civil Procedure Code, 1908, Order 35, Rule 1 -- Interpleader suit - If in an interpleader suit plaintiff claims any interest in the suit property, such suit has to necessarily fail...........
Hindu Law -- Ancestral property - Sale - Justification - Binding nature on other co-sharers - In sale deed it was mentioned that vendor in need of money to purchase land - In deposition it was asserted that to meet the expenses of funeral ceremony of plaintiff No.1's husband loan was raised and to pay the said loan property is sold - Held, sale is not for legal necessity -..........
Civil Procedure Code, 1908, Order 7, Rule 10, 10-A -- Lack of territorial jurisdiction - Return of plaint - Suit presented before proper Court after making necessary amendment - Such suit when re-presented in substance is a suit filed afresh subject to the limitation, pecuniary jurisdiction and payment of Court fee - It cannot be dismissed on ground that plaintiff made..........
