Civil Procedure Code, 1908, Section 24, Commercial Courts Act, 2016, Section 2(1)(c)(vii) -- Transfer of suit - Seeking transfer to Commercial Courts - Plea that suit though filed for specific performance but it is a commercial transaction - Record showing that dispute raised by plaintiff is in nature of commercial dispute - Also agreement between parties relating to..........
Agreement to sell -- Suit for specific performance - Plea of unregistered agreement to sell - Cannot be taken...........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction - Possession - Plaintiff must show his lawful possession - Plaintiff not paid rent for more than fifteen years cannot be said his possession is lawful possession entitling him to grant of permanent injunction...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Can be granted only to a person who is in actual possession of property...........
Specific Relief Act, 1963, Section 38, Evidence Act, 1872, Section 101, 102 -- Suit for permanent injunction - Burden of proof lies on plaintiff to prove that he was in actual and physical possession of property on the date of suit...........
Representation of the Peoples Act, 1951, Section 100, 123 -- Election - Recounting of ballot papers - Court directed for recounting of ballot papers on ground of illegal counting with duplicacy in casting of votes - Election petition does not disclose any specific case of irregularity - Rejection of votes because the voters put their thumb impression instead of putting the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit filed u/s 6 of Specific Relief Act - Application for temporary injunction dismissed by Trial Court which was affirmed by first appellate Court - High Court set aside concurrent findings of Courts below, without dealing with any of aspects set out by first appellate Court and swayed by fact that..........
Prisons Act, 1894, Section 59, Prison (Bombay Furlough and Parole) Rules, 1959, Rule 4, Indian Penal Code, 1860, Section 395 -- Furlough - Offence u/s 395 IPC - As per police report if petitioner is released on furlough there is possibility that some untoward incident may happen and same can be taken care of by directing petitioner to reside at the place of her sister -..........
Specific Relief Act, 1963, Section 20, Transfer of Property Act, 1882, Section 53A -- Part performance - Agreement to sell - Readiness and willingness - Defendants/appellants have to prove that their predecessor-in-interest took step in furtherance of contract and he was ready and willing to perform his part of contract which is missing in the instant case - Further, there..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - No specific incident of cruelty alleged by husband nor he examined any witness who can support the allegations of cruelty - Ordinary wear and tear of life cannot be said to be cruelty - More so, husband was living in same house with wife even after petition for divorce was filed -..........
