Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Suit for mandatory injunction for seeking possession from a licensee or an unauthorized occupant is maintainable...........
Specific Relief Act, 1963, Section 39, Court Fees Act, 1870, Section 7 -- Mandatory injunction - Licensee or an unauthorized occupant can be asked to vacate the property by filing a suit for mandatory injunction - Once the suit has been valued at a certain value, ad valorem court fee has to be paid mandatorily on the same valuation...........
Civil Procedure Code, 1908, Order 7, Rule 11, Specific Relief Act, 1963, Section 39, Court Fees Act, 1870, Section 7, Suits Valuation Act, 1887, Section 8 -- Rejection of plaint - Suit for mandatory injunction - Once suit is valued for the purpose of jurisdiction then court fee is to be paid ad valorem on such amount - In the instant case suit valued for the purpose of..........
Agreement to sell -- Refund of advance amount - Suspicious circumstances and doubtful situations raised by both the parties - Sufficient reasons for not granting relief of specific performance - Order directing refund of advance amount with adequate interest rate, upheld...........
Specific Relief Act, 1963, Section 6 -- Dispossession - Scope of proceedings u/s 6 of the Act is summary in nature and limited to find out question of dispossession of plaintiff within a period of six months prior to institution of suit ignoring question of title...........
Specific Relief Act, 1963, Section 6 -- Dispossession - Plaintiff himself pleaded issue of his title in order to prove his possession - When claim of possession of plaintiff is based on title, Court has not travelled beyond the scope of S.6 of the Act in framing issue of title and making an inquiry about title of plaintiff - Plaintiff failed to prove his possession over..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Directors - Vicarious liability - Without specific allegations in the complaint reflecting the role of accused, persons named cannot be summoned in case u/s 138 r/w S.141 of the Act...........
Industrial Disputes Act, 1947, Section 33C(2) -- Application u/s 33-C(2) of the Act - Single Judge without any discussion and/or recording any specific findings on merits of order passed by Labour Court rejected application u/s 33-C(2) of the Act, allowed writ petition preferred by workman challenging said order of Labour Court - Single Judge ought to have considered writ..........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Goods entrusted with the Company - Managing Director of company cannot be prosecuted without company as an accused - Entrustment of goods being with the company alone, in the absence of any specific overt act on the part of Managing Director, no offence u/s 406 IPC can be made out against Managing Director..........
Custody of major daughter -- Writ of habeas corpus - Petition filed by father - Daughter performed marriage with respondent and leveling specific allegations against father that he was planning to get her married with a person double of her age - Moreover, when daughter and respondent themselves reach to Court and Court has protected their interest, daughter is thus, not..........
