The scheme of the Code is clear that as a general rule, as soon as the judgment is pronounced or order is made by a Court, it becomes functus officio (ceases to have control over the case) and has no power to review, override, alter or interfere with..
Transfer of Property Act – Section 122, 123 - Gift deed - Whether an averment made in the deed of gift in regard to handing over of possession is sufficient proof of acceptance thereof by the donee – Indian Evidence Act, 1872 – Section 91 - While det..
Specific Performance - Indian contract act, 1872 – Section 56 - Agreement to do an act impossible in itself is void – Agreement for sale and purchase of Thika Tenancy – Whether the specific performance of the agreement for sale becomes impossible of ..
Decision that the existence of any dispute between the parties to the contract is not a ground to restrain the enforcement of Bank guarantees or Letters of Credit. However this court made two exceptions for grant of an order of injunction to restrain..
Telecom Regulatory Authority of India Act, 1997 – Section 14, 14A, 16 - Establishment of Appellate Tribunal - Procedure and powers of the Telecom Disputes Settlement & Appellate Tribunal (TDSAT) – Counter claim – Whether a counter claim by the Centra..
It is now a well-settled principle of law that this Court in exercise of its jurisdiction under Article 136 of the Constitution of India would ordinarily not interfere with the judgment of acquittal, if two views are possible...
Mortgage – Redemption of - Whether the plaintiff had a right to get possession on redemption of his mortgage ..
Section 16 (c) Specific Relief Act - It is thus clear that an averment of readiness and willingness in the plaint is not a mathematical formula which should only be in specific words. If the averments in the plaint as a whole do clearly indicate the ..
The law relating to grant or refusal to grant injunction in the matter of invocation of a Bank Guarantee or a Letter of Credit is now well settled by a plethora of decisions not only of this court but also of the different High Courts in India. In U...
Whether a steamer agent can be construed as owner of the goods carried in his principal's vessel within the definition of owner in relation to goods under Section 2(o) of the Major Port Trusts Act, 1963?..
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The purpose of the Act is to identify cases involving allegation of land grabbing for speedy enquiry and trial..
Since the High Court has not applied its mind to the challenge raised and has erroneously referred to the 9th Schedule to the Constitution, it would be appropriate to set aside the impugned order of the High Court and remit the matter to it f..
Where borrower alleging defamation on ground action pending in civil court and not Tribunal, mistake genuine and not defamatory ..
he courts should not mechanically dispose of first appeals filed under section 96 of the Civil Procedure Code..
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