Agreement to sell -- Specific performance - Jurisdiction of Court to grant decree of specific performance is discretionary but not arbitrary - Discretion must be exercised in accordance with sound and reasonable judicial principles. (Specific Relief Act, 1963, S.20)..........
Agreement to sell -- Specific performance - It is not always necessary to grant specific performance simply for the reason that it is legal to do so...........
Agreement to sell -- Specific performance - Plea of hardship - Defendants have specifically stated in their written statement that except suit land they have no other piece of land and they require suit land for their own residential purpose and they cannot expect to dispose of their only piece of land and building standing thereon which would render them homeless,..........
Surname of child -- Death of biological father - Mother being the only natural guardian of the child has the right to decide the surname of child - Mother upon remarriage can give the child the surname of her husband or even give the child in adoption to her husband - Court can intervene only when there is specific prayer to that effect and it must be centered on the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - There is no bar under Cr.P.C against permitting a complainant to amend his complaint, as there is no specific provision in Cr.P.C dealing with amendment of complaint...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Co-owners - A joint owner cannot prevent by injunction usage of a portion of joint property by another co-owner unless this amounts to wastage or destruction or injury to other co-owners - Every co-owner has a right to use the joint property in a husband like manner not inconsistent with similar rights of..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Co-owners - Plaintiff failed to establish that he was in exclusive possession of suit property - There is no finding that any act of defendant was detrimental to interests of other co-owners in joint land - Relief of permanent injunction rightly denied...........
Specific Relief Act, 1963, Section 37, 38 -- Suit for permanent injunction - Without seeking relief of possession - Where nature of possession of defendant is that of trespasser or unlawful, plaintiff is not supposed to pray for relief of possession and suit for injunction is sufficient...........
Specific Relief Act, 1963, Section 31 -- Cancellation of a document - When a document is valid, no question arises of its cancellation - However, when a document is void ab initio, a decree for setting aside same would not be necessary as the same is non-est in the eye of law, as it would be a nullity...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Power of attorney holder - Law as to : (i) Complaint can be filed through power of attorney holder; (ii) Power of attorney holder can depose and verify on oath to prove the contents of complaint; (iii) However, power of attorney holder must have witnessed the transaction as an agent of the payee or..........
