Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of limitation - When suit is for decree of permanent injunction and it is averred that plaintiffs are in possession of suit property pursuant to agreement and thereafter they have developed the land and they are in continuous possession since more than 12 years and also paying taxes to Corporation,..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration u/s 53-A of T.P Act and permanent injunction - Whether plaintiffs shall be entitled to any relief u/s 53-A of TPA or not has to be considered at the time of trial - But at this stage it cannot be said that suit for relief sought u/s 53-A of T.P. Act would not be maintainable at all..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Where additional evidence sought to be adduced removes cloud of doubt over the case and evidence has a direct and important bearing on the main issue in the suit and interest of justice clearly renders it imperative that it may be allowed to be permitted on record, such application..........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Mesne profits - High Court reduced mesne profits on the ground that premises is residential, being used for residential purposes and construction is about 100 years old and report of approved valuer is with respect to commercial purposes and High Court did not at all considered market rate as per current potential of suit..........
Specific Relief Act, 1963, Section 37, 38 -- Permanent injunction - Once dispute with respect to title is settled and it is held against plaintiff, in that case suit for permanent injunction shall not be maintainable against true owner...........
Specific Relief Act, 1963, Section 37, 38 -- Suit for permanent injunction - If title to property was basis of relief of possession, relief for permanent injunction can be said to be a consequential relief in a suit for substantive relief...........
Specific Relief Act, 1963, Section 37, 38 -- Suit for permanent injunction - Maintainability - Once plaintiff has failed to get any substantive relief of cancellation of sale deed and declaration relief, then consequential relief of permanent injunction must fail and plaintiff is not entitled to any permanent injunction against true owner...........
Specific performance -- Writ petition under Article 226 of the Constitution is not maintainable and/or entertainable for specific performance of the contract and that too after a period of 10 years by which time even the suit for specific performance was barred by limitation...........
Adverse possession -- Suit for declaration of ownership based on adverse possession - Suit is maintainable...........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of charge sheet - Civil dispute sought to be given the colour of a criminal wrong doing - Execution of a sale deed, during pendency of suit, may attract doctrine of lis pendens, but from reading charge sheet, it is evident that there is no element of criminality which is..........
