Evidence Act, 1872, Section 102 -- Burden of proof - Suit for damages - Malicious prosecution - Burden of proof lies on plaintiff to show that he was maliciously prosecuted - It is upon plaintiff to show not only that defendant prosecuted him unsuccessfully but also that there was no reasonable and probable cause - Onus will shift to defendant after plaintiff adduces..........
Malicious prosecution -- Suit for damage - Every acquittal is not a consequence of malicious prosecution - Law provides for compensation for malicious prosecution and not for wrongful or uncalled for or failed prosecution - Civil Court has to conduct an independent enquiry - Grounds of acquittal cannot constitute sole reason for grant of a decree in favour of plaintiff...........
Malicious prosecution -- Suit for damage - Plaintiff has not adduced any evidence apart from producing judgment of acquittal - Plaintiff failed to prove that prosecution was initiated against him without any reasonable or plausible cause and with an oblique motive - Thus, it may be a case of failed prosecution but cannot be labelled as that of malicious prosecution - Suit..........
Agreement to sell -- Specific performance - Order to deposit balance sale consideration - Issue of readiness and willingness is yet to be gone into and merely because agreement to sell has been admitted by parties would not be a ground to permit defendant to deposit the amount in Court - However, since the amount already stands deposited by defendant, therefore, amount so..........
Easements Act, 1882, Section 15 -- Easement - Right of pathway - Plaintiff claims that he was in continuous use of common road for over four decades - However, plaintiff failed to establish such right of way was acquired by him by prescription or grant or by necessity - Moreover, plaintiff has laid suit seeking relief of declaration in `B' Schedule property and for..........
Recovery suit for money -- On basis of mortgage deed - Defendant availed loan of Rs.9 lakhs from plaintiff for purchase of suit property and executed mortgage deed - As per terms of mortgage defendant should redeem mortgage within 24 months after paying principal amount with 18% interest per annum - Defendant contended that he borrowed loan of Rs.6 lakhs and she repaid it..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for mandatory injunction - Concurrent findings of facts against defendants of being a licensee on the basis of pleadings and on the basis of evidence adduced before it - Second appeal does not involve any substantial question of law - Second appeal dismissed...........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A -- Compromise decree - Challenge as to - Suit challenging a compromise decree is wholly barred U.O.23.R.3-A CPC r/w O.23.R.3 Explanation CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of civil Court jurisdiction - Suit for cancellation of preliminary and final decree passed by Assistant Collector - Plaintiffs had a remedy to challenge said decree before Revenue Appellate Authority - However, instead of filing a appeal, they filed a suit regarding revenue land before civil Court -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo order - Ad interim injunction was in favour of plaintiff for almost 22 years from 2002 to 2024 - Suit has been now dismissed by trial Court - Order of status quo rightly passed pending appeal...........
