Specific Relief Act, 1963, Section 38 -- Suit for injunction - Co-owners - Suit for injunction is maintainable even by any of co-owner without impleading the other co-owners as parties...........
Specific Relief Act, 1963, Section 38 -- Suit for injunction - Without seeking relief of declaration - When there was no cloud over ownership of plaintiffs qua subject property, they were not required to bring a suit for declaration...........
Specific Relief Act, 1963, Section 38, Transfer of Property Act, 1882, Section 54, Registration Act, 1908, Section 17, Evidence Act, 1872, Section 90, Civil Procedure Code, 1908, Section 100 -- Suit for permanent injunction - Categorical findings recorded by trial Court that plaintiffs were able to establish their ownership over subject property, as same was purchased by..........
Specific Relief Act, 1963, Section 34, 38, Power of Attorney Act, 1882, Section 2, Indian Contract Act, 1872, Section 208 -- Execution of sale deed by power of attorney holder - Plea that power of attorney was cancelled - It is to be proved not only that power of attorney was cancelled but it was also intimated - It is not proved that cancellation of power of attorney was..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - No specific overt act attributed to A-2 and A-3 or their joining in attack by A-1 on deceased - Injuries were caused by a Bhujali which was seized from A-1 - Medical evidence does not corroborates eye witness testimonies of PW1 to 4 - Nothing on recorded to show that A-2 and A-3 threw chilly powder and hot oil on..........
Agreement to sell -- Specific performance - Execution of agreement to sell proved by marginal witness as well as scribe - As defendant was minor at the time of execution of agreement, decree of refund of earnest money with interest, upheld...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Non-framing of specific issue - Would not vitiate decision, when both the parties went to trial knowing well the case of each other and lead evidence...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Partnership Firm - Petitioner represented herself as partner of Firm - However, cheque was not signed by her - More so, there is no specific averments in the complaint identifying role of petitioner towards act and conduct of business of Firm - Proceedings qua petitioner quashed...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Wife has made specific assertion of cruelty against husband - Despite cross-examination of PW1, nothing was elicited by husband and husband has failed to adduce evidence, which clearly establishes that allegations are true and same are not controverted by husband by adducing proper..........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction and for damages - Defendant without consent of plaintiff mortgaged his property with the bank and availed financial facilities - Relief of permanent injunction and grant of Rs.1,00,000/- as damages for mental agony suffered by plaintiff, upheld...........
