08/02/2016
IMPORTANT DECISIONS (04.12.2015)
Addition of defendant - It is duty of plaintiff to serve a copy of plaint on a newly added defendant. (2015(4) Civil Court Cases 051 (Bombay)
Additional evidence - After arguments are heard - Can be allowed if it will assist Court to clarify the evidence on the issues and will assist in rendering justice. (2015(4) Civil Court Cases 092 (Bombay)
Agreement to sell - Does not require compulsory registration for seeking relief of specific performance. (2015(4) Civil Court Cases 069 (P&H)
Agreement to sell - In the nature of part performance - Cannot create rights unless agreement is registered and stamped. (2015(4) Civil Court Cases 026 (Delhi)
Agreement to sell - Oral contract is valid, binding and enforceable - Decree for specific performance can be granted on the basis of oral contract. (2015(4) Civil Court Cases 030 (S.C.)
Amendment of plaint - Suit for specific performance - Sale during pendency of suit - Subsequent transferee can be impleaded as party in suit. (2015(4) Civil Court Cases 161 (All.)
Amendment of written statement - Absence of particulars as to in which paragraph amendment is sought and to what effect - In absence thereof, application cannot be entertained. (2015(4) Civil Court Cases 101 (P&H)
Amendment of written statement - Cannot be allowed on the ground that evidence is already there and amendment is sought to bring written statement to conform to such evidence - It is questionable whether there could be any evidence de hors pleadings or contrary to the pleadings - Precept of law is that evidence follows the pleadings and not vice versa - Amendment declined. (2015(4) Civil Court Cases 180 (P&H)
Arbitration agreement - Does not require registration - An arbitration agreement in an unregistered but compulsorily registerable document can be acted upon and enforced for the purpose of dispute resolution by arbitration. (2015(4) Civil Court Cases 200 (Delhi)
Attachment before judgment comes to an end once suit is dismissed and is not automatically revived even if appellate Court allows appeal and reverses the decree of dismissal of suit. (2015(4) Civil Court Cases 193 (Kerala)
Counter claim solely against co-defendant - Not maintainable. (2015(4) Civil Court Cases 153 (P&H)
Dishonour of cheque - Amount paid on promise of procuring a job - Promise could not be fulfilled - On demand cheque issued - Not an unenforceable debt. (2015(4) Civil Court Cases 073 (Kerala)
Dishonour of cheque - Friendly loan - Repayable in a short period - Name of accused not shown in the balance sheet and amount not disclosed in the Income Tax Return - Merely for this reason it does not stand established that loan was not disbursed. (2015(4) Civil Court Cases 234 (Delhi)
Document - Ex*****on duly proved - Contents of document have to be read as true and correct. (2015(4) Civil Court Cases 242 (Bombay)
Domestic Violence - Compliant u/s 12 of Act is not required to be contested by appearing in person on each date of hearing. (2015(4) Civil Court Cases 262 (P&H)
Domestic Violence - Shared household - Means - House belonging to or taken on rent by husband or house which belongs to joint family of which husband is a member. (2015(4) Civil Court Cases 111 (P&H)
Ex-parte decree - Setting aside - Signatures on summons spelled differently - Order setting aside ex parte decree, upheld. (2015(4) Civil Court Cases 136 (Gauhati)
Ex*****on - Decree in a suit for fixation of common boundary - Can be demarcated in an ex*****on proceeding at the instance of defendant. (2015(4) Civil Court Cases 045 (Kerala)
Ex*****on - Missing J.D. - Matter entrusted to CBI who shall endeavour to trace, arrest and produce the missing J.D. (2015(4) Civil Court Cases 084 (Kerala)
Issues - Maintainability issue - To be tried as preliminary issue. (2015(4) Civil Court Cases 023 (Gauhati)
Mortgage of property to tenant - Tenancy merges with mortgage - On redemption of mortgage, tenancy does not revive. (2015(4) Civil Court Cases 060 (Rajasthan)
Permanent injunction - Encroachment and construction during pendency of suit - Plaintiff is not under an obligation to seek further relief of demolition and removal of encroachment. (2015(4) Civil Court Cases 103 (All.)
Pleadings - A comprehensive narration of facts that constitute cause of action has to be given in the plaint. (2015(4) Civil Court Cases 220 (S.C.)
Power of attorney - Effectively giving ownership rights of suit property - Same duty is payable as a conveyance deed. (2015(4) Civil Court Cases 026 (Delhi)
Power of attorney - Merely because power of attorney is registered, it will not confer rights in the nature of ownership in the property. (2015(4) Civil Court Cases 026 (Delhi)
Registered document - Cannot be cancelled by way of an unregistered document. (2015(4) Civil Court Cases 247 (P&H)
