Judgments and Legal News of Supreme Court of India and Punjab & Haryana High Court
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First suit was for injunction--Second suit for specific performance--At the time of first suit cause of action for second suit was not available--Thus, second suit not hit by O.2 R.2 CPC..
Supreme Court
Order passed on oral statements by Counsel cannot be reviewed on the ground that written consent of the parties was not obtained..
Suit for Declaration--For setting aside of illegally executed sale deed by the Co-sharer and for setting aside of mortgaged deed executed by subsequent purchaser in favour of Bank and sought..
Vicarious Liability--Real Estate Company cut trees from forest land--There is no provision for vicarious liability under the Act of 1900--FIR and Summoning Orders against MD and CEO quashed..
Second Suit on same Cause of Action--Second suit could have been filed within a period of three years from rejection of first suit by virtue of O.7 R.13 CPC--However, second suit was filed a..
Child born out during subsistence of valid marriage and couple had access to each other would be statutorily presumed to be legitimate child of his mother’s husband even if mother of child..
First the sufficient cause must be considered--Only if sufficient cause is accepted then the merits of the main matter may be considered to condone the delay..
Dispute of Ownership--Before initiation of proceedings under S.14, the mortgaged property by way of registered GPA and Will changed many hands--DRT in view of dispute as to ownership set asi..
Objection of Jurisdiction--Such an objection cannot be entertained after filing of statement of defence..
Relief of Declaration not sought--Suit simpliciter for injunction without seeking main relief in the form of declaration would be maintainable, if the defendants do not dispute the tittle of..
Documents cannot be referred to Collector for determination of market value straightway without recording prima facie reasons to believe--Procedure to be adopted, discussed..
Starting Point of Limitation of 3 months will begin to run only from the date of the later award and not earlier award..
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