Criminal Procedure Code, 1973, Section 167(2) -- Proforma as prescribed u/s 173(2) Cr.P.C. filed and there was not a single piece of paper indicating the state of investigation process undertaken by the police machinery - Filing of such a proforma shall not defeat the indefeasible right accrued to an accused disentitling him to claim the relief conferred by law - Accused..........
Industrial Disputes Act, 1947, Section 25 -- Service - Appointment on adhoc basis - Worked for one year and three months - Service discontinued - Employee joined service in another establishment of State Government - Approaching Labour Court after more than seven years - Although, the Court cannot import a period of limitation when the statute does not prescribe the same,..........
Agreement to sell -- Suit for specific performance - Agreement for sale executed by Church represented by competent persons - Cannot refuse to execute sale deed on ground that sanction from Curia of Archdiocese has not been received. (Specific Relief Act, 1963, S.13)...........
Hindu Adoptions and Maintenance Act, 1956, Section 9(4), Hindu Minority and Guardianship Act, 1956, Section 13(1), Specific Relief Act, 1963, Section 34 -- Petition u/s 9(4) Hindu Adoptions and Maintenance Act r/w S.13(1) of Hindu Minority and Guardianship Act for declaration that petitioner is the adopted son of respondent No.3 - District Judge, held, that petition is not..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Second review - Agreement to sell - Initially suit for injunction filed - By amendment of plaint relief of specific performance allowed - As plaint was beyond pecuniary jurisdiction of Court the same was ordered to be returned and presented in Court of competent jurisdiction within two months - Plaintiff kept quite for seven..........
Specific Relief Act, 1963, Section 34, 37, 38 -- Allotment of plot - Price was tentative - Demand of additional price - Additional price could be demanded in case there was enhancement in the cost of land awarded by competent authority under the Land Acquisition Act - No evidence led by defendant that increase in the cost of land is necessitated because of enhancement of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - An equitable relief - Plaintiff if guilty of inequitable conduct, is not entitled to the relief of injunction...........
Specific Relief Act, 1963, Section 38 -- Possession taken in an eviction order passed by Revenue Authority under Tenancy Act - Order reversed in appeal and restitution of possession ordered - Suit for injunction restraining defendant from interfering in possession filed by contending that Revenue Authority had no jurisdiction to order restitution - Plaintiff himself..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 41(h) -- Development agreement - Breach of - Sought to be restrained from - Plaintiff earnestly performing his part - Spent huge amount of Rs.30 lacs for development on assurance of defendant - Defendant committed default - Defendant was trying to back out of said agreement - Strong prima..........
Specific Relief Act, 1963, Section 37, 38 -- Co-owner - Injunction - Co-owner in long possession - Remedy is not injunction but partition - Long possession may not be enough for ouster or adverse possession but can be taken into account to decide objection of a joint owner in established possession, in a suit seeking injunction against such person...........
