Transfer of Property Act, 1882, Section 54, Specific Relief Act, 1963, Section 31, Power of Attorney Act, 1882, Section 2 -- Sale deed - Execution of sale deed by power of attorney holder - Cancellation of power of attorney subsequent thereto - Cancellation does not affect the prior sale deed executed more so when there is no contention that attorney was not conferred with..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendants from recovering royalty from plaintiffs - Brick earth was declared as a minor mineral by a notification u/s 3(e) of Mines and Minerals Act - State Government thus, gets the right to levy royalty on the production and disposal of minor minerals - Once it is shown that under the Mineral..........
Specific Relief Act, 1963, Section 12(3) -- Part performance - Relinquishment of claim to further performance of remaining part of contract and all rights to compensation can be made at any stage of litigation...........
Specific Relief Act, 1963, Section 12(3)(a) -- Expression - `considerable part' implies that the part which will be left unperformed is either large as regards quantity or as regards quality...........
Specific Relief Act, 1963, Section 12(3) -- Part performance - S.12(3) of the Act can be invoked only where the terms of contract permit segregation of rights and interests of parties in the property...........
Specific Relief Act, 1963, Section 12(3) -- Part performance - Power to grant partial relief is discretionary with the Court to be exercised keeping in view the facts and circumstances of each case and the rights and interests of parties involve...........
Specific Relief Act, 1963, Section 12(3) -- Part performance - Benefit of S.12(3) of the Act can not be rejected on the short ground that it was not incorporated in the plaint or was not set forth in writing before Trial Court...........
Specific Relief Act, 1963, Section 12(3) -- Part performance - Relinquishment could be made at any stage of litigation including the appellate stage - Claim of plaintiff for grant of benefit u/s 12(3) of the Act was, therefore, rightly not rejected by High Court on the simple ground that it was not made at the trial stage and had been made for the first time at the..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Decree for permanent injunction cannot be passed only on the basis of possession in pursuance of an agreement to sell...........
Specific Relief Act, 1963, Section 38 -- Suit for injunction simplicter - Maintainability - If defendants do not dispute title of plaintiffs then suit should not fail only on the ground that matter has been filed only for injunction simpliciter and no main relief in the form of declaration has been prayed for...........
