TENANT CANNOT SEEK INJUNCTION AGAINST LANDLORD WHEREBY LATTER MAY BE RESTRAINED FROM EVICTING THE TENANT _ FOR THE SAME IS DESTRUCTIVE OF VERY OWNERSHIP RIGHTS OF THE LANDLORDMadras High CourtSaraswathi Ammal vs Viveka Primary School on 30 April, 2001Equivalent citations: AIR 2001 Mad 417Author: S JagadeesanBench: S JagadeesanJUDGMENTS. Jagadeesan, J.1. The appeal has been filed … Continue reading No Injunction against Landlord – against eviction of tenant
In this case the court reiterated the posittion that there can be no blanket injunction against Karta restraining him from alienating the properties for the simple reason that :-i) There is an equally efficacious relief in getting sale set aside;ii) Karta's powers are statutory and he is the person who has to judge the pressure … Continue reading No Injunction against Karta against selling jt family property.
Supreme Court of IndiaFederal Bank Ltd. vs V.M. Jog Engineering Ltd. And Ors. on 29 September, 2000Equivalent citations: AIR 2000 SC 3166, 2001 106 CompCas 267 SCAuthor: M J RaoBench: M Rao, U BanerjeeJUDGMENTM. Jagannadha Rao, J.1. Leave granted.2. The appellant Federal Bank at Bombay was the 3rd defendant in the suit and has a … Continue reading Forgery and Cheating
Comment : In this case a person sold X (leasehold warehouse) to his friend. Later he cried misrepresentation and sought to steer clear of the transaction. Later at the stage of second appeal he took the plea of frustration as he himself was a lessee of the land and could not have sold - the court … Continue reading Cancellation of Transaction on account of Frustration !
Supreme Court on Benami TransactionsSupreme Court of IndiaSamittri Devi & Anr. vs Sampuran Singh & Anr. on 21 January, 2011Author: GokhaleBench: Dalveer Bhandari, H.L. GokhaleIN THE SUPREME COURT OF INDIACIVIL APPELLATE JURISDICTIONCIVIL APPEAL NO. 846 OF 2011ARISING OUT OF SPECIAL LEAVE PETITION (C) NO. 1305 OF 2010 Samittri Devi and another. ...Appellants VersusSampuran Singh and … Continue reading Supreme Court on Benami Transactions
Supreme Court of India Krishna Mohan Kul @ Nani Charan Kul ... vs Pratima Maity And Ors. on 9 September, 2003 Equivalent citations: AIR 2003 SC 4351, 2004 (1) JCR 30 SC Author: A Pasayat Bench: D Raju, A Pasayat JUDGMENT Arijit Pasayat, J. 1. Leave granted. 2. By the impugned judgment, learned Single Judge … Continue reading Burden of Proving good faith of transactions hit by undue influence
Comment : This pronouncement concerns a case where a partnership firm sought to injuct it's ertwhile(retired) partners from carrying on competing business in contravention of Retirement Deed. The Court did not grant the relief for the reason that the plaintiff/applicants could not bring a prima facie - insofar as there was no apprehension objectively determinable that … Continue reading Injunction against Partners from competing