In cheque dishonour cases under Section 138 of the Negotiable Instruments Act, the period of imprisonment imposed for non-payment of fine or compensation must be proportionate to the amount ..

A plaintiff seeking a decree of specific performance of an agreement to sell is required to independently plead and prove his continuous readiness and willingness to perform his part of the ..

Where execution of an ex parte decree in a recovery suit was stayed subject to the condition of furnishing security or bank guarantee equal to the decreetal amount, such condition was held t..

Where a legal representative of a deceased plaintiff was impleaded at the stage of the defendant's evidence and the plaintiff's evidence had already been closed, the trial court dismissed th..

Where a mutation is sought to be entered on the basis of a Will, the plea that the Will must first be proved before mutation is entered cannot be sustained, particularly when the party raisi..

A co-owner cannot file a suit for permanent or mandatory injunction against another co-owner, even if different co-owners are separately holding and possessing distinct portions of the joint..

Since proceedings under the Rent Act relate to continuing obligations and recurring liabilities, the plea of res judicata cannot be mechanically invoked to bar amendments that concern period..

Where an execution petition is filed within two years from the date of the decree, it squarely falls within the proviso to O.21 R.22(1) CPC -- The Executing Court is therefore competent to d..

A personal diary maintained by the complainant does not fall within the scope and protection of S.122 of the Evidence Act (S.128 of BSA, 2023) -- Such diary is not barred from being produced..

A co-owner who is in exclusive possession of a specific portion of joint property is entitled to seek protection against any interference by other co-sharers -- No co-sharer has the right t..

Where a co-owner is in exclusive possession of a specific portion of jointly held land, such co-owner is entitled to seek interim injunction against interference by other co-sharers. No co-s..

Denial of salary for services rendered amounts to a violation of Article 21 and Article 23 of the Constitution. The right to livelihood is an integral component of the right to life under Ar..