Specific Relief Act, 1963, Section 38 -- Permanent injunction - Can only be granted if there is no real contest about title of plaintiff...........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1(3) -- Withdrawal of suit - With liberty to file fresh suit - Specific case of defendant is that she is owner in possession of property and without seeking relief qua proprietary rights on title of suit property by way of declaration, plaintiff is not entitled to any injunction - Plaintiff moved an application for..........
Agreement to sell -- Specific performance - Readiness and willingness - Merely proving readiness and willingness is not sufficient for a decree of specific performance especially in the circumstances when executor of agreement to sell was not competent to execute the same...........
Agreement to sell -- Specific performance - Readiness and willingness - Joint Family Property - Agreement to sell was established but executor of agreement himself was not competent to enter into an agreement to sell as property in question is a joint family property and was never partitioned - Defendant alone has no right to dispose of joint family property - Relief of..........
Agreement to sell -- Specific performance - Merely an assertion in agreement to sell (Iqrarnama) regarding taking consideration of Rs.5 lakhs and handing over possession is not sufficient to prove possession over property, especially in the circumstances when property is a joint family property...........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 25 -- Remand - For remand, a specific case is to be made as per O.41.Rr.23, 23-A, 25 CPC - Mechanical remand of suit is wholly impermissible...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Complainant while appearing as PW1 attributed specific and categoric role to each of accused, which has to be appreciated and evaluated by trial Court and cannot be ignored and discarded at this stage - Accused thus, has some role to play in alleged offence - Accused rightly summoned...........
Agreement to sell -- Specific performance - Joint property - Agreement executed by defendant and his brother and accepted earnest money jointly - Acceptance of part of sale consideration by one of them subsequently - Cannot be said to be in that person's individual capacity - It will bind both of them - They two are not separate legal entities - No overt act on part of..........
Specific Relief Act, 1963, Section 37 -- Injunction - Co-sharers - A co-sharer cannot be injuncted from selling his share of property even though property is sold by way of specific khasra numbers and same would tantamount to alienation only of a share by co-sharer...........
Specific Relief Act, 1963, Section 37 -- Injunction - Co-sharers - Case of plaintiff is that suit property was jointly owned and possessed by parties - However, defendants claimed that suit property was mutually partitioned between parties and parties were in possession of their respective shares - Plaintiff admitted that walls had been constructed over separate portions..........
