Today Cpc G. Surya Narayanan Mhc Advt: Order 37 rule 3(v) 2009(7) SCJ 41
[12/26, 19:10] Cpc G. Surya Narayanan Mhc Advt: Order 37 rule 3(v)
2009(7) SCJ 41
Fixity Packaging Industries p ltd & others vs Udyen Jain (HUF)
Suit for recovery of amounts on cheque issued by appellant after dishonour- trial court held appellant has no defence even with regard to maintainability as summary suit- Appellant asked to deposit amounts- High court held no error in order of trial judge- Supreme Court didn’t agree with finding of trial judge that leave is granted by mercy- condition imposed should not be onerous when leave is granted- order modified
Order 39 rule 1& 2
2009(7) SCJ 599
Kishorsinh Ratansinh Jadeja vs Maruti Corp. & others
Court has to consider three basic principles for grant of interim injunction- High court did not consider the said principle nor has taken long silence on the part of plaintiff to file the suit – order affecting third party rights in their absence is not sustainable
Order 39 rule 1 & 2
2009(7) SCJ 648
Ece Industries Limited vs S.p. Real Estate Developers p ltd & another
Suit for recovery of possession on the ground of breach of development agreement- petition filed to restrain alienation and changing nature of property- trial court refused injunction finding construction undertaken and completed – held, plaintiff can be compensated or defendant can be directed to pull down structures
Order 41
2009(7) SCJ 827
Inderchand Jain (d) thr Lrs. Vs Motilal (d) thr. Lrs
Appeal is continuation of suit- decision in appeal relates back to date of institution of suit- filing of appeal does not tantamount to automatic stay of execution of decree- court while exercising jurisdiction should not act arbitrarily or beyond contours of law
[12/27, 10:27] Cpc G. Surya Narayanan Mhc Advt: Section 11
Gangai Vinayagar Temple & others vs Meenakshi Ammal & others
2009(8) SCJ 202
Suit for injunction by lessee against temple/ owner- temple filed two suits for arrears of rent- temple filed written statement that they are not forcibly evicting tenant- one suit for arrears partly allowed and other suit dismissed- lessee filed appeal against part decree- temple raised objection appeal barred by resjudicata since lessee didn’t challenge dismissal of injunction suit- appeal allowed and appeal filed by temple therefrom dismissed- held non- filing of appeal does not amount to resjudicata- findings invited at the instance of a party binds him till it is set aside in appeal
Section 34
2009(8) SCJ 587
Tahazhathe Purayil Sarabi & others vs UOI & another
Where statute does not provide specific provision for payment of interest on award amount- court can grant under interest act or cpc- interest can be claimed on any amount decreed or awarded for the period during which money is due and remained unpaid
Order 1 rule 1
2009(8) SCJ 819
Hidayathkhan Bismillakhan Pathan is vs Vaijnath & others
Held, there is no legal foundation that respondent 20 wife of respondent 2 cannot be transposed as appellant as she was not represented before the High Court in second appeal
Order 1 rule 10
2009(8) SCJ 971
Payappar Sree Dharmasastha Temple A.com vs A.K.Josseph & others
Judgement not binding When in previous suit , the proper and necessary party are not added-
