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Showing posts with label moulding of relief. Show all posts
Showing posts with label moulding of relief. Show all posts
Wednesday, 22 March 2023

Whether the court can pass decree the suit or mould the relief on the basis of reneged compromise?

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 In view of the aforesaid, a compromise pursis at Exh.13 duly signed by the parties to the appeal, was presented before the first appellate ...
Tuesday, 19 October 2021

Can the court strike off the entire notice of demolition issued by the Municipal Corporation if only part of the plaintiff's construction is authorized?

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  After considering the entire oral and documentary evidence of the parties, the learned Judge came to the correct conclusion that the groun...
Sunday, 15 November 2020

Whether the court can mould relief in revision proceeding considering the subsequent event?

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What is urged is that only an appeal is a continuation of a suit while revision is not. There cannot be any demur to the legal proposition a...
Saturday, 24 August 2019

Whether bonafide need of landlord should subsist till passing of eviction decree?

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If a landlord bona fide requires possession of a premises let for residential purpose for his own use, he can sue and obtain possession. H...
Sunday, 30 December 2018

Whether terms of lease can be proved on basis of unregistered lease agreement?

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The defendants have nowhere admitted that the lease was for a specific term of nine years. On the contrary, they have pleaded that they wer...
Wednesday, 26 December 2018

Whether court should consider subsequent event in favour of landlord to grant him eviction decree on ground of bonafide need?

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 We have no doubt that the crucial date for deciding as to the bonafides of the requirement of the landlord is the date of his application...
Sunday, 23 December 2018

Leading judgment of Supreme court on interim mandatory injunction and moulding of relief

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  That apart, the learned Single Judge as well as the Division Bench have committed fundamental error in applying the principle of mould...
Wednesday, 22 August 2018

Whether Principle Of Moulding Of Relief Can Be Invoked At Interlocutory Stage?

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That apart, the learned Single Judge as well as the Division Bench have committed fundamental error in applying the principle of moulding...
Wednesday, 1 November 2017

When court can take note of subsequent events occurred during pendency of suit?

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Ordinarily, rights of the parties stand crystallised on the date of institution of the suit. However, the court has power to take note of t...

Whether landlady will not be entitled to eviction decree if she is married subsequently?

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 In the facts of present case, the Appellant-landlady herein was living in a small house with her family comprising four members and was no...
Saturday, 26 August 2017

When court can take notice of subsequent events?

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Ordinarily, a suit is tried in all its stages on the cause of action as it existed on the date of its institution. But it is open to a Cour...
Sunday, 20 August 2017

Whether sub tenant can oppose eviction suit on ground of bonfide requirement?

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Thus, the present appellant having no privity of tenancy with the plaintiff, it is not open to him to challenge the plaintiff's suit f...
Monday, 13 March 2017

Whether court can grant smaller relief even though larger reliefs are claimed by parties?

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Insofar as the submission of the learned counsel for the defendant that the plaintiffs could not have applied for recovery of possessi...
Thursday, 29 December 2016

How to mould relief if there is infringement of copyright on internet?

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 On the question of what relief would be practical, the Division Bench by its order dated 06.03.2009 had directed SCIL to supply a list ...
Friday, 2 October 2015

Whether Industrial tribunal can mould relief or grant relief which a party is entitled to in equity and justice?

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 It is one thing to say that the court interprets a provision of a statute and lays down a law, but it is another thing to say that the co...
Tuesday, 18 August 2015

When appellate court can take note of subsequent event which will have fundamental impact on relief claimed?

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 It was further contended by defendant Nos. 1 to 6 that even on the date of execution of Agreement of Sale their mother was very much ali...
Saturday, 11 July 2015

Whether party can ask court to mould relief to take advantage of his own wrong?

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 Further, it is urged by the learned senior Counsel on behalf of Appellant-Company that there is no question of reinstatement of the conce...
Tuesday, 21 April 2015

When court can grant larger relief than claimed without amending plaint?

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 Two other points remain. In Suit No. 483 of 1942, Shahid Ali claimed that he was entitled to a one-tenth share of the income of the ...