Specific Relief Act, 1963, Section 10 -- (As amended) - Amended provision of S.10 Specific Relief Act - Amendment is prospective and does not apply to those transactions that took place prior to its coming into force...........
Agreement to sell -- Specific performance - Contract was breached due to conduct of purchaser who was not willing to perform contract after entering into a time sensitive agreement - Claim of purchaser is thus, hit by delay and latches on their part as they did not take appropriate measures within stipulated time and filing of suit was delayed by almost five years -..........
Agreement to sell -- Specific performance - Plea of hardship - Defendant has a total of 30 bighas of agricultural land located in more than one village - It is not the defendant's case that in the event of specific performance being granted, he would become landless or that his livelihood would be effaced - If a decree of specific performance is passed, defendant would..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Suit for mandatory injunction for seeking possession from a licensee or an unauthorized occupant is maintainable...........
Specific Relief Act, 1963, Section 39, Court Fees Act, 1870, Section 7 -- Mandatory injunction - Licensee or an unauthorized occupant can be asked to vacate the property by filing a suit for mandatory injunction - Once the suit has been valued at a certain value, ad valorem court fee has to be paid mandatorily on the same valuation...........
Civil Procedure Code, 1908, Order 7, Rule 11, Specific Relief Act, 1963, Section 39, Court Fees Act, 1870, Section 7, Suits Valuation Act, 1887, Section 8 -- Rejection of plaint - Suit for mandatory injunction - Once suit is valued for the purpose of jurisdiction then court fee is to be paid ad valorem on such amount - In the instant case suit valued for the purpose of..........
Protection of Women From Domestic Violence Act, 2005, Section 18, 19, 20, 21, 22 -- Proceedings under the Act - Relief available u/ss 18, 19, 20, 21, 22 of the Act, affecting an aggrieved person or even a respondent may and can also be sought in any collateral proceedings before a civil Court, family Court or a criminal Court irrespective of whether such proceeding was..........
Agreement to sell -- Refund of advance amount - Suspicious circumstances and doubtful situations raised by both the parties - Sufficient reasons for not granting relief of specific performance - Order directing refund of advance amount with adequate interest rate, upheld...........
Specific Relief Act, 1963, Section 6 -- Dispossession - Scope of proceedings u/s 6 of the Act is summary in nature and limited to find out question of dispossession of plaintiff within a period of six months prior to institution of suit ignoring question of title...........
Specific Relief Act, 1963, Section 6 -- Dispossession - Plaintiff himself pleaded issue of his title in order to prove his possession - When claim of possession of plaintiff is based on title, Court has not travelled beyond the scope of S.6 of the Act in framing issue of title and making an inquiry about title of plaintiff - Plaintiff failed to prove his possession over..........
