Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Suit seeking demolition of alleged illegal construction, restoration of possession and permanent injunction - Plaintiffs have taken a specific plea that they have suffered a loss of Rs.50,000 because defendant demolished the suit shop and have raised illegal..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Testimony of eye witnesses - Statements of eye witnesses are believable and they are most natural and probable witnesses of occurrence who have consistently and totally corroborated prosecution story - Specific roles to accused have been stated by eye witnesses - Ocular evidence of eye witnesses corroborated by medical..........
Agreement to sell -- Specific performance - Plaintiff admittedly entered into compromise decree in earlier suit filed by defendant and admitted nearly 13 years after execution of agreement of sale, that defendants were owners of suit property - Plea of an agreement of sale not taken by plaintiff in said suit - Even plaintiff also admitted subsequent suit filed by him..........
Hindu Marriage Act, 1955, Section 13(1)(i) -- Divorce - Adultery - Specific instances not pleaded or proved - Husband not proved as to when he had come across two respondents in such an adulterous/live-in relationship - Even during cross examination of wife it was not suggested that at some point of time during subsistence of marriage, both the respondents were living..........
Constitution of India, 1950, Article 32 -- Writ of Mandamus - Prohibition of sale and use of Coca Cola and Thumbs up soft Beverages - Petitioner claims to be a social worker - Petition is filed without petitioner having any technical knowledge on subject - No justification or explanation forthcoming as to why two specific brands in particular are chosen to be target of..........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 3 -- Compromise - Suit for specific performance - Two suits - Compromise arrived at between parties, which is lawful - Consent decree for specific performance thus, need to be passed in one suit where plaintiff seeking recording of compromise - Suit decreed - Other suit in which plaintiff seeking..........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction - Plaintiff claiming to be absolute owner in possession of suit property - Plaintiff seeking decree of injunction only because his possession was interfered with - Plaintiff is entitled to relief of injunction...........
Agreement to sell -- Specific performance - Sale of minor's property by mohammedan mother - Suit property is small house in which vendor, her minor son and also her daughters had a share - Vendor had sought to sell not only her share but share of her minor son also - Mother under mahommedan law not be natural guardian of property and of her minor son and does possess..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Where third party shows fair semblance of title or interest in suit property, he can be impleaded in the suit, as fate of suit would directly affect right of third party - Application allowed...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendants from interfering with peaceful possession of plaintiff - Plaintiff proved that she was in lawful possession of suit property by producing tax paid receipt and other panchayat documents - Moreover, concurrent findings of two Courts below that plaintiff was in possession - Suit rightly..........
