Specific Relief Act, 1963, Section 6 -- Suit for recovery of possession - Specific date of eviction not proved by plaintiff - Plaintiff had to prove specific date of his eviction as to when he was evicted - He contended that he was not residing there and he had paid rent since 1987 - Trial Court wrongly concluded that plaintiff was evicted six months before filing of..........
Defamation -- Suit for damages for publishing defamatory statement - Statement that husband is going to marry for the second time during subsistence of first marriage amounts to general damages and is actionable per se...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - No dispute regarding identity or location of suit property - Even, there is no dispute regarding measurements of property - It is not a case of defendants that plaintiffs encroached their property - Relief sought by defendants to note down physical features is nothing but amount to..........
Agreement to sell -- Specific performance - In a suit for specific performance, plaintiff must not only prove execution of a valid agreement but also establish her continuous readiness and willingness to perform her part of contract...........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff failed to produce any documentary evidence such as receipts or bank records to substantiate the alleged payment of Rs.14,00,000 - During her evidence, she vaguely stated that amount was adjusted from her dowry, but no further proof was submitted in support of her claim - Plaintiff also admitted that..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Issue as to whether suit schedule properties were subject matter of earlier round of litigation is clearly a disputed question of fact, which requires adjudication only after a full fledged trial and not at the stage of an application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Issue as regards re-adjudication and entitlement of the share would necessarily require adjudication only after a full fledged trial especially when there are disputed factual issues to be decided by Trial Court and not while considering an application U.O.7.R.11 CPC - Application..........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Necessity or occasion to transfer a suit from one Court to another Court would arise, if only, there exists in similarity of cause of action or commonality of parties...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that plaintiff is deemed tenant/protected licensee of first defendant - Plaintiff and first defendant entered into agreement for conducting the business and plaintiff has taken over business under the agreement - Admittedly, first defendant is in possession of property from defendant No.2 - Agreement of..........
Motor Vehicles Act, 1988, Section 166, Limitation Act, 1963, Section 6 -- Accident - Claim petition - Condonation of delay in filing appeal by minor on attaining majority - Provision of S.6 of the Act applies only with respect to a suit or an application for execution of a decree and not to an appeal or any other proceedings...........
