Specific Relief Act, 1963, Section 41 -- Provision of S.41 of the Act prohibits any person to claim the relief as sought for that would apply in respect of suit to be instituted in India but not in Canada...........
Easements Act, 1882, Section 13 -- Easement - Right to use public road - No evidence on record to show that plaintiff or his family members use the disputed road - Categorical findings of Courts below that plaintiff and his family members are using common road which is on the other side of suit property - Moreover, disputed road is left by colonizer which is not a common..........
Easements Act, 1882, Section 13 -- Easement - Right to use public road - No evidence on record to show that plaintiff or his family members use the disputed road - Categorical findings of Courts below that plaintiff and his family members are using common road which is on the other side of suit property - Moreover, disputed road is left by colonizer which is not a common..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Neither plaintiff nor defendant had taken any step for appointment of advocate Commissioner with the help of Surveyor to inspect plaintiff's property to verify as to whether 2nd scheduled property lies within 1st scheduled property - That is primarily necessary for correct disposal..........
Expeditious disposal of suit -- High Court cannot in a routine manner give such a direction unless there is some extra ordinary urgency - Moreover, in such type of cases also, litigant may approach concerned Court, where case is pending...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Finding in civil suit that cheque in question is not supported by consideration - Judgment was delivered after taking into account the conviction u/s 138 of the Act - Judgment of civil court has become final - Judgment of civil court becomes relevant u/s 43 of Evidence Act - Conviction and sentence set..........
Agreement to sell -- Specific performance - Grant of alternative relief of refund of earnest money whereas alternative relief claimed was refund of earnest money and damages - Total sale consideration was Rs.5825/- and plaintiff had paid total sum of Rs.4945/- - Merely refunding the earnest money paid after 60 years will be unreasonable, as plaintiff after booking the..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Time barred suit - Reasons for delay in filing suit averred in plaint - Whether such reasons for delay in filing suit are correct/plausible or valid can only be decided after parties lead evidence - The same cannot be decided in an application filed U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit filed through power of attorney - Suit whether maintainable in terms of law and whether power of attorney holder has a locus standi to prefer the suit - Cannot be decided in an application filed U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Suit for specific performance - Earlier suit for injunction was filed - At that stage cause of action to file suit for specific performance had not arisen - Plea that suit for specific performance is barred U.O.2.R.2 CPC deserves to be rejected...........
