Transfer of Property Act, 1882, Section 60, Civil Procedure Code, 1908, Order 34, Rule 7, 8 -- Mortgage - Right of mortgagor to reedem - Extinguishment of right by decree of Court - Right to reedem continues to exist at all times but before confirmation of sale of mortage property irrespective of decree of sale is granted - Even second suit to seek redemption would be..........
Civil Procedure Code, 1908, Section 20 -- Jurisdiction - Agreement executed in Hong Kong with a clause 'Terms and conditions of the agreement shall be interpreted in accordance with the laws of Hong Kong Special Administrative Region' - Held, this clause has nothing to do with jurisdiction of Court - Suit filed in a Court in India where part of cause of action accrued -..........
Specific Relief Act, 1963, Section 34, Specific Relief Act, 1963, Section 34 -- Suit for declaration of title simpliciter not maintainable unless consequential relief is also prayed for i.e. relief of possession - In the instant case plaintiff also prayed for permanent injunction restraining defendant from interfering in the possession of plaintiff - Suit maintainable in..........
Specific Relief Act, 1963, Section 38 -- Suit for perpetual injunction - Right to use of passage - Maintainability of suit in absence for suit for declaration - Declaration as to the right to use passage must be sought and the relief of injunction has to be claimed as a corollary - Therefore, Suit for injunction not maintainable...........
Civil Procedure Code, 1908, Section 80 -- Notice - Dispense with - Declined - Only option to Court is to return plaint for no, compliance of S.80 CPC - Return of plaint for presentation after compliance of mandatory provision does not amount to disposal of suit - Cannot be said to be a case decided to attract S.115 CPC - Writ application is maintainable against order..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(1)(b), 2(c) -- Relationship of landlord and tenant - In order to be a landlord a person is not required to be owner of property - A person who has no claim to the title of the property can also come within the definition of term 'landlord' - It is not necessary for the landlord to show his title to the property -..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Question of limitation - Suit for title and possession - Limitation does not commence unless there had been a clear and unequivocal threat to the right claimed by plaintiff which can only be decided when an issue is framed and parties lead evidence - Application U.O.7.R.11(d) is not maintainable...........
Consumer Protection Act, 1986, Section 2(1),(b),2(1),(g), Sick Industrial Companies (Special Provisions) Act, 1985, Section 22(1) -- Fixed deposit - Company became sick - Plea that complaint not maintainable as the proceedings qua the respondent are pending repelled - Held that suit for recovery of money in respect of any loan or advance granted to the industrial company..........
Civil Procedure Code, 1908, Section 96 -- Appeal - Suit decreed with an adverse finding - No appeal can be filed by the decree holder for challenging such a finding - Only remedy to that party is to challenge the adverse finding by way of cross objections whenever other party files an appeal challenging the decree - Appeal not maintainable...........
Civil Procedure Code, 1908, Order 23, Rule 3-A -- Consent decree - Setting aside - Assailing compromise decree as invalid on account of exercise of fraud, coercion, misrepresentation and that compromise was unlawful and involuntary - Consent decree cannot be challenged by a separate suit - Remedy available is to approach the Court which passed the compromise decree - Held,..........
